The Foreign Labor Certification (FLC) Program is federally funded through a contract with the US Department of Labor (USDOL). Prior to bringing foreign workers into the US, employers must file a labor certification application with the National Processing Center (NPC) in Chicago (temporary) or Atlanta (for permanent workers).
In Nebraska, all employers must have an active employer recruiting account on NEworks.Nebraska.Gov. If you have questions regarding NEworks account setup, please email: NDOL.NEworksHelp@nebraska.gov
20 CFR 655.1304(d) requires Nebraska Department of Labor to verify the compliance of safety standards for employer-provided housing, rental, and public accommodations as applicable to local and state standards. Therefore, the employer or agent must provide documentation that the housing accommodation(s) are compliant with local, State, or Federal housing standards.
For public hotels and motels, the employer or agent must provide a copy of the signed hotel/motel Occupancy Permit.
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The Nebraska Department of Labor only conducts housing inspections of employer-provided housing that is not open to the public. Inspections are conducted to review compliance to ETA/OSHA, and State of Nebraska safety standards.
If you have questions, please contact: NDOL.FLC@nebraska.gov
USDOL Guidance
Agricultural Temporary Labor Certification (H-2A Program)
If there are not sufficient U.S. workers who are able, willing, qualified and available for a requested position and employment of the foreign worker will not adversely affect the wages and the working conditions of U.S. workers similarly employed, then the employer may request full-time temporary employment certification for foreign workers in agricultural based jobs, [as defined in 20 CFR 655.103 (c)], lasting no longer than one year. Use the link above for specific instructions and forms.
Nonagricultural Temporary Labor Certification (H-2B Program)
Employers who meet specific regulatory requirements can hire foreign nonimmigrant workers to fill temporary nonagricultural jobs. Employers will need to post a job order in NEworks (use the links for specific instructions and forms).
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.
Prevailing Wage Information
The Immigration and Nationality Act requires that hiring a foreign worker will not affect the wages and working conditions of comparably employed U.S. workers.