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Alien Labor Certification

The alien or foreign labor certification program permits 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.

NJ Department of Labor and Workforce Development (LWD) administers the state role in the Temporary Labor Certification Programs (H-2A and H-2B) and provides prevailing wage determinations for the H-1B and permanent (PERM) programs. Click on the following links for more information:

  • H-2B temporary nonimmigrant program for temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent


  • NJ Filing Instructions for H-2B, Temporary applications
    U.S. DOL information on H-2B, Temporary program

  • H-2A temporary agricultural program


  • Prevailing wage determination requests for the PERM and H-1B programs can be processed by fax or mail. Click on the link below; supply the requested information and fax or mail the form to the NJ Alien Labor Certification unit at:


  • Fax: (609) 777-3570

    Mail: NJ Department of Labor and Workforce Development
    Alien Labor Certification Unit
    PO Box 053
    Trenton, NJ 08625-0053


    PREVAILING WAGE DETERMINATION REQUEST FORM

    NOTE - To list job openings in New Jersey for a PERM application:

  • There are links to an “Online Form” and a "Fax Job Order Sheet" at:
  • http://wnjpin.state.nj.us/employer/index.htm.

    If you are faxing the sheet from outside of New Jersey or the surrounding states, you will need to use the toll fax number of (609) 292-0420. The toll-free fax number if faxing from within New Jersey is 1-(800) 822-2259. Once your job information is reviewed by the Central Order Taking Unit, it will be faxed to the local One-Stop Career Center serving the area of intended employment. That office will prepare and maintain the job order.

  • Job orders can be posted directly with One-Stop Career Centers. You can view a list of all statewide local offices by county at http://wnjpin.state.nj.us/oscc/index.html

  • For more information on Alien Labor Certification from the NJ Department of Labor and Workforce Development, call a staff member at (609) 292-2900.

    Additional information on the H-1B, H-2A, H-2B and permanent alien employment programs can be viewed at the U.S. DOL’s Web site on foreign labor certification: http://www.workforcesecurity.doleta.gov/foreign


     
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    Last Updated: September 8, 2006
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