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.
South Dakota Department of Labor and Regulation
Foreign Labor Certification Program
123 W. Missouri Ave.
Pierre, SD 57501