Skip to page content
Bookmark and Share

The Immigration and Nationality Act (INA)


 

Frequently Asked Questions

OVERVIEW

The Immigration and Nationality Act (INA) sets forth the conditions for the temporary and permanent employment of aliens in the United States and includes provisions that address employment eligibility and employment verification. These provisions apply to all employers.

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION

FACT SHEETS

RECORDKEEPING

  • Documents and Forms - Links to the forms needed to obtain foreign labor certification under various programs, including the Application for H-1B and H-1B1 Nonimmigrants (form ETA-9035), the Application for Permanent Employment Certification (form ETA-9089), the Application for Alien Employment Certification (form ETA-750A), and Part B of this application: Statement of Qualifications of the Alien (form ETA-750B), and the Application for Alien Employment Certification for Agricultural services (form ETA-790). Please note that these forms are in PDF format and require the Adobe Acrobat Reader.
  • H-2A Visa Program - Employers certified for H-2A contracts must keep records of the hours each worker actually works. In addition, the employer must retain a record of time "offered" to the worker but which the worker "refused" to work. Each worker must receive a wage statement showing hours of work, hours refused, pay for each type of crop, the basis of pay (i.e., whether the worker is being paid by the hour, by the piece, "task" pay, etc.). The wage statement must indicate total earnings for the pay period and all deductions from wages (along with a statement as to why deductions were made). See 20 CFR 655.102(b)(7) for further information on recordkeeping requirements under the H-2A visa program.
  • H-1B and H-1B1 Visa Program - Employers using the H-1B or H-1B1 visa classifications to hire nonimmigrant foreign workers in specialty (professional) occupations are required to maintain documentation to meet their burden of proof with respect to the validity of the statements made in their Labor Condition Application (LCA) and the accuracy of the information provided. See 20 CFR 655.760 for regulations for employers of H-1B and H-1B1 classified specialty/professional nonimmigrant foreign workers.
  • H-2B Visa Program - Employers of temporary nonagricultural workers under the H-2B visa program are not subject to any post entry (H-2B) program specific recordkeeping/posting/notice requirements; however, the recordkeeping/posting/notice requirements of any other laws applicable from DOL to the employment would apply.

APPLICABLE LAWS AND REGULATIONS

RELATED TOPICS AND LINKS

DOL CONTACTS*

  • Employment and Training Administration
    Office of National Programs
    Office of Foreign Labor Certification

    200 Constitution Avenue, NW
    Room C-4312
    Washington, DC 20210
    E-mail: ETApagemaster@dol.gov
    Tel: 1-877-US2-JOBS (1-877-872-5627) or 202-693-3010
    TTY: 1-877-889-5627

  • Wage and Hour Division
    200 Constitution Avenue, NW
    Room S-3502
    Washington, DC 20210
    Contact WHD
    Tel: 1-866-4USWAGE (1-866-487-9243)
    TTY: 1-877-889-5627
    Local Offices

  • For questions on other DOL laws,
    please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL (1-866-487-2365). Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
    Tel: 1-866-4-USA-DOL (1-866-487-2365)
    TTY

*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.