An alien seeking to immigrate to the United States on the basis of employment must obtain an offer of permanent full-time employment from an employer in the United States. The alien cannot be admitted as a permanent resident unless, among other things, the employer obtains a labor certification from the U.S. Department of Labor (USDOL) that qualified U.S. workers are not available for the employment offered to the alien, and that the wages and working conditions offered will not adversely affect those of similarly employed U.S. workers.
The labor certification process requires the employer to recruit U.S. workers at prevailing wages and working conditions through the State Employment Service, by advertising, posting notice of the job opportunity, and by other appropriate means.
A USDOL regional certifying officer makes a decision to grant or deny the labor certification based on the results of the employer's recruitment efforts and compliance with federal regulations.
The primary function of the program is to:
- test the Illinois labor market to determine if U.S. workers are able, willing, qualified, and available for the job opportunity; and
- ensure that wages and working conditions offered by the employer will not adversely affect the wages and working conditions of similarly employed U.S. workers.
IDES Role
The department supports the Alien Employment Certification Program under an annual grant from USDOL. The program assists those Illinois employers, who are unable to find qualified U.S. workers, to document their need to hire aliens who lack legal authorization to work permanently in the United States.
Remember that IDES does not approve or deny applications for labor certification. IDES staff:
- Receive the application,
- Return those which are incomplete or which offer less than a prevailing rate of pay, and,
- Test the labor market for qualified U.S. workers who could perform the job offered to the alien.
Application Process
With the guidance of IDES staff, an employer must submit to a series of steps to document that his/her employment needs cannot be met with available U.S. workers.
The IDES Foreign Labor Certification Unit is located in the Chicago central office. Staff are members of the Field Operations Division. They process the applications for certification and submit completed applications to the Certifying Officer of the USDOL for approval or disapproval.
To obtain a packet that includes the required forms (ETA-750, Parts A & B), please contact:
IDES Foreign Labor Certification Unit
33 South State Street
8th Floor
Chicago, Illinois 60603
Phone: 312-793-6831
Or, download Illinois packet of instructions and required forms (PDF 715 KB)  (Note: this is a 53 page PDF document, including the ETA 750-A and -B forms; it may be downloaded, viewed and printed - all or part - using the Adobe Acrobat Reader software)
Prevailing Wage Determination
Employers who intend to employ alien workers for a temporary period in professional occupations or as fashion models must file labor condition applications with the Department stating that they will pay the appropriate wage rate to the alien, that they have notified the bargaining representative or otherwise posted notice of their intent to employ alien workers, and that there is no strike or lockout at the place of employment. Aggrieved parties may file complaints with the Department regarding misrepresentation or failure to comply with the statements attested to in the application.
A Prevailing Wage determination is for Labor Attestation ONLY and shall not be construed as acceptance of any of the information as appropriate for Foreign Labor Certification Applications. Please provide all information requested (an incomplete application must be returned to obtain the missing information).
Additional Information on Foreign Labor Certification
Related information
Who is Covered
The Immigration and Nationality Act (INA) employment eligibility verification and related nondiscrimination provisions apply to all employers.
Basic Provisions / Requirements
Under IRCA, employers may hire only persons who may legally work in the United States (U.S.): citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired which includes completing and retaining the Employment Eligibility Verification Form (I-9), available online from the U.S. Immigration & Naturalization Service. Employers must keep I-9s on file for at least 3 years (or one year after employment ends, whichever is greater).
The INA also protects U.S. citizens, and aliens authorized to accept employment in the U.S., from discrimination in hiring or discharge on the basis of national origin and citizenship status.
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