Labor certification is a process that employers in the United States must go through in order to sponsor a foreign worker for a green card. The process is designed to ensure that there are no qualified U.S. workers who are willing and able to perform the job that the employer is seeking to fill with a foreign worker.
To begin the process, the employer must first advertise the job opportunity in various sources, including local newspapers and online job boards, for a set period of time. If no qualified U.S. workers apply for the job, the employer can then submit a labor certification application to the U.S. Department of Labor (DOL). The application must include a detailed description of the job duties and requirements, as well as evidence that the employer has made a good faith effort to find qualified U.S. workers.
There are several basic requirements for labor certification applications:
1: The job must be a full-time position: Part-time positions are not eligible for Labor Certification.
2: The job must be permanent: Temporary or Seasonal positions are not eligible for Labor Certification.
3: The job must have reasonable requirements: Expected levels of education and experience for the job must match the occupational standards of other jobs in that category.
4: The job must pay an “actual” wage: The employer must pay the same wage that this employer pays to its own employees who are similarly qualified.
The DOL will review the application and may request additional information or documentation from the employer. If the DOL determines that there are no qualified U.S. workers available for the job, it will issue a labor certification, which the employer can use to support the foreign worker’s green card application.
It’s important to note that labor certification is only one of several requirements that must be met in order for a foreign worker to obtain a green card. The worker must also meet certain eligibility criteria, and the employer must go through additional steps to sponsor the worker for permanent residency. It is also important to note that the labor certification process is complex and can take several months to complete. Employers who are interested in hiring foreign workers should consult with an experienced immigration attorney to ensure that they comply with all requirements of the labor certification process.
For assistance navigating the immigration process and related legal issues, please feel free to reach out to our office to schedule a meeting time. At the Law Offices of Suzanne St. Luce, P.A., our staff is qualified to offer a wide range of legal services. Our attorney has over 20 years of experience and we want to help you with your case. We take all cases… Personally. Please contact us for questions related to your specific situation.