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Overview

The Texas Workforce Commission (TWC) has a program for some employers in the agricultural industry. The Foreign Labor Certification program lets employers hire temporary workers from other countries. Employers need this when they can't find enough American workers to fill their jobs. 

When employers want to hire workers from other countries, they need permission from the U.S. Department of Labor (DOL). They also need a special visa from the U.S. Citizenship and Immigration Services. For more information, you can check the Immigration and Nationality Act. 

We help employers filing for two types of visas:

  • H-2A (agricultural)
  • H-2B (non-agricultural)

What We Do

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Services

Foreign Labor Certification

Instructions for employers filing applications for H-2A and H-2B foreign labor visas through the U.S. Department of Labor.

Agricultural Services for Employers

The TWC Agricultural Services unit is for employers in the agricultural industry.

Resources for Processing H-2A and H-2B Applications
DOL - H-2A Temporary Agricultural Program
Foreign Labor Certification Performance Data
DOL - Agricultural Online Wage Library
DOL - Adverse Effect Wage Rates
DOL - H-2A Public Job Registry
DOL - H-2B Temporary Non-agricultural Program
Foreign Labor Certification Data Center
DOL - Foreign Labor Certification

Program Services

TWC’s Foreign Labor Certification program helps employers in several ways:

  • We open temporary job postings so employers can try to find American workers. Employers must try to find qualified American workers before they can apply for labor certification with DOL.
  • We review labor certification applications from employers who want to hire temporary workers. We do this to make sure they follow the DOL rules.
  • We conduct surveys on agricultural wages to make sure employers pay workers a fair wage.
  • We inspect the housing provided by employers to make sure it meets standards.

Qualifying for Foreign Labor Certification 

Before foreign workers can get a visa, DOL must determine that:

  • There aren’t enough American workers available who can do the temporary work.
  • Hiring foreign workers won't harm the wages and conditions of American workers doing similar jobs.

Authority and Funding

DOL manages different Foreign Labor Certification programs. The Immigration and Nationality Act requires these programs. They must follow specific rules listed in the Code of Federal Regulations.

We work with DOL to try to find American workers who can take the jobs before employers can apply for visas to hire foreign workers.

DOL gives funds to the states to run the temporary Foreign Labor Certification programs.

The rules for Foreign Labor Certification are at 20 C.F.R. Part 655. 

Reports

You can find statistics for the different Foreign Labor Certification programs on DOL’s Data Disclosure page.

TWC Foreign Labor Certification Unit
Phone
512-475-2571
Fax
512-463-3055
Email
foreignlabor@twc.texas.gov
Address

TWC Foreign Labor Certification Unit
4405 Springdale Rd. Room 252T
Austin, TX 78723
United States