What is a Labor Certification in U.S. Employment-Based Immigration?
If you were able to secure a job in the United States or if you are an employer that has found an ideal employee abroad, then you will have to become familiar with the process for obtaining labor certification. Since the United States wants to make sure all qualified U.S. workers who can work are employed, it can be challenging for international workers and domestic employers to connect. Labor certifications provide the government with what it needs to allow employment-based immigration to take place.
For expert guidance on employment-based immigration, the Atlanta employment immigration attorneys at Shirazi Immigration Law, Inc. are here to assist. An attorney at Shirazi Immigration Law, Inc. will not only answer all of your questions but also provide you with the necessary resources to navigate the complex immigration process, ensuring you feel confident and reassured at every step.
Why Labor Certification is Necessary
Essentially, labor certification is meant to safeguard the labor force in the United States. When a U.S. employer looks to fill a position, they must give Americans the opportunity to fill it first before foreign workers. If an employer wants to begin employment-based immigration with a foreign worker, then they must be certain that there are no U.S. workers who can do the job, are available to do it, or want the job. The U.S. Department of Labor (DOL) will verify that these conditions exist in the country and that hiring a foreign worker will not adversely impact the wages and working conditions of any U.S. worker who is employed in a similar role.
Employers can only hire from outside the country when there is a genuine and legitimate need. This reassures domestic workers that the system is designed to prevent any disadvantage to them.
The labor certification process first starts with an employer putting together a detailed and comprehensive job description with requirements for the open position. Then, the DOL will issue a prevailing wage determination, which is an acceptable pay range for the position. This is done so that foreign workers cannot be used to replace Americans by accepting low wages. An employer must search for American workers to fill the position and try to attract and recruit them. When the recruitment process is unsuccessful, an employer will file an Application for Permanent Employment Certification detailing all of the steps taken to fill the position by an American. The DOL will review this application, and if it is acceptable and meets the requirements, a labor certification will be issued to the employer. If the application is not accepted, the DOL will either ask for more information or perform an audit. A successful application will allow an employer to file Form I-140 with U.S. Citizenship and Immigration Services (USCIS) so that a foreign worker can take the job and obtain an employment-based green card.
Speak with an Atlanta Employment-Based Immigration Attorney Today
The labor certification process can be complex. An attorney at Shirazi Immigration Law, Inc. can help both employers and prospective foreign employees work through it to achieve the desired results.
For a consultation to discuss your needs and case, please call Shirazi Immigration Law, Inc. today at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here for you and ready to help.
Source:
dol.gov/agencies/eta/foreign-labor/programs/permanent
