Foreign Worker Resources
This is a U.S. Department of Labor certification program requesting authorization to hire foreign workers when an employer cannot otherwise hire workers with needed skills from the U.S.
WorkForce West Virginia staff are available to assist employers find and hire workers for their businesses. Employers may search for U.S. workers by using the statewide labor exchange system. If the employer anticipates or experiences a shortage of qualified available domestic workers, they may apply to the Department of Labor to obtain temporary foreign workers. The Foreign Labor Certification programs are temporary or seasonal where employment is tied to a certain time of year, by an event or pattern such as a short growing cycle, which requires labor levels above what is necessary for ongoing operations.
WorkForce West Virginia ensures that employing foreign workers in agricultural (H-2A) and nonagricultural (H-2B) work will not adversely affect wages and working conditions of U.S. workers who are comparably employed, and is responsible for the following:
- H-2A housing safety inspections: email workforceforeignlaborcert@wv.gov
to request a preoccupancy housing inspection. - Review and oversight of FLC job order process.
- Post-certification site visits.
Filing instructions
- Permanent labor certification – Employers can permanently hire foreign workers.
- Professional and specialty occupations (H-1B program) – Employers can temporarily hire foreign workers on a nonimmigrant basis in specialty occupations.
- Agricultural temporary labor certification (H-2A program) – Agricultural employers who anticipate a shortage of domestic workers can temporarily hire nonimmigrant foreign workers.
- Nonagricultural temporary labor certification (H-2B program) – Employers who meet specific regulatory requirements can hire foreign nonimmigrant workers to fill temporary nonagricultural jobs.
- Prevailing wage information – The Immigration and Nationality Act require that hiring a foreign worker will not affect the wages and working conditions of comparably employed U.S. workers.
- Forms – Download and print FLC forms using Adobe Acrobat Reader.
Employee rights
- Employee rights under the H-2A program – English | Español
- Employee rights under the H-2B program – English | Español
- H-2A worker rights – English | Español
- Farmworker rights
Responsibilities associated with the use of foreign labor recruiters and ban on prohibited fees: § 655.135 (j) The employer and its agents have not sought or received payment of any kind from any employee subject to 8 U.S.C. 1188 for any activity related to obtaining H-2A labor certification, including payment of the employer’s attorney fees, application fees, or recruitment costs. For purposes of this paragraph (j), payment includes, but is not limited to, monetary payments, wage concessions (including deductions from wages, salary, or benefits), kickbacks, bribes, tributes, in kind payments, and free labor. The provision in this paragraph (j) does not prohibit employers or their agents from receiving reimbursement for costs that are the responsibility and primarily for the benefit of the worker, such as government-required passport fees.
Complaints: If your rights have been violated, please speak with WorkForce West Virginia outreach staff during their next visit, or complete and submit a Complaint Form. You may also contact the United States Department of Labor Wage & Hour Division at 1-866-487-9243 or at www.dol.gov/whd. Complaints can be filed anonymously.
Please complete the Complaint Form to report on any of the following:
- Violation of your employee rights.
- Knowledge of possible human trafficking.
- Your employer is refusing you access to your passport.
- You are not being paid correctly.
- Poor or dangerous housing or working conditions.
Other resources
For more information on the Foreign Labor Certification process, contact WorkForce West Virginia at workforceforeignlaborcert@wv.gov