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Indiana Temporary Foreign Labor Certification Act

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in Employment Law,Hiring,Human Resources

Indiana employers that want to hire foreign workers for specific temporary jobs must jump several hurdles. Here’s the drill:

  • You must show that no qualified American workers are available for the position.
  • Before advertising a position, you must obtain a prevailing wage statement from the Indiana Department of Workforce Development.
  • You must certify that you’ve contacted unions and they haven’t been able to supply a qualified American worker.

Before hiring temporary foreign workers, you must complete an application for alien employment certification (federal form ETA 750A, available at www.in.gov/dwd/employers/forms/eta750a.pdf). Make sure you request the form at least 120 days in advance of hiring to allow both federal and state agencies to complete the necessary processing.

You must accompany the application with a statement explaining why the job opportunity is (a) temporary and (b) why your need for the worker(s) meets one of these standards:

  1. A one-time occurrence
  2. A seasonal need
  3. A peak-load need
  4. An intermittent need 

Note: Existence of a labor shortage in your local labor market is not a viable reason for approval of a request for a temporary labor certification. In addition, any filing that proposes to bring in a foreign worker as a trainer must include a course outline and time frame for such training.

All requests must include the Federal Employer Identification Number (FEIN) that has been assigned to you. Without this number the state won’t place your request into recruitment, which will effectively kill the request. Also, be sure to include your Indiana Unemployment Insurance Tax Account Number.

More information about temporary alien labor certification is available from the Indiana Department of Workforce Development at www.in.gov/dwd/employers/flc.html

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