Foreign Labor
Foreign labor certification programs permit U.S. employers to hire foreign workers on a temporary or permanent basis to fill jobs essential to the U.S. economy. Certification may be obtained in cases where it can be demonstrated that there are insufficient qualified U.S. workers available and willing to perform the work at wages that meet or exceed the prevailing wage paid for that occupation in the area of intended employment.
Foreign labor certification programs are designed to assure that the admission of foreign workers into the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages, and working conditions of U.S. workers.
Employment based immigration is a complex process that may involve a number of government agencies within the Federal Department of Labor, the South Dakota Department of Labor and Regulation (DLR), the U.S. Citizenship and Immigration Services (CIS) and the Department of State.
H-2A Temporary Labor Certification (Agricultural)
The H-2A labor certification program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Learn more about H-2A (including forms needed).
H-2B Temporary Labor Certifications (Nonagricultural)
The H-2B nonimmigrant program permits employers to hire foreign workers to come temporarily to the United States and perform temporary nonagriculture services or labor on a one-time, seasonal, peak load or intermittent basis. Learn more about H-2B.
Announcements
Announcements, such as federal rules and notices, will be posted to the Foreign Labor Announcement Page. Click on titles below to view full announcements.
Announcements regarding both H2A and H2B
February 9, 2023. Office of Foreign Labor Certification Publishes 2023 Update to Allowable Charges for H-2A Agricultural Workers' Meals and for H-2A and H-2B Travel Subsistence Reimbursement, Including Lodging
H-2A Announcements
May 1, 2023. OFLC Provides Webinar Materials and Information to Stakeholders on H-2A Program
Dec. 16, 2022. Office of Foreign Labor Certification Publishes New 2023 H-2A Hourly Adverse Effect Wage Rates (AEWR) for Non-Range Occupations
Dec. 16, 2022. Office of Foreign Labor Certification Publishes 2023 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range
Dec. 7, 2022. The Department of Labor Publishes 2022 H-2A Final Rule Frequently Asked Questions; Job Offers, Assurances, and Obligations – Wages
H-2B Announcements
Dec. 15, 2022. The Departments of Labor and Homeland Security Publish Rule Increasing the Number of H-2B Visas Available in Fiscal Year 2023
Contact Us
South Dakota Department of Labor and Regulation, Foreign Labor Certification Program
email