Labor certification for employment in the United States is one way companies and employers here can keep valuable and talented workers from overseas to enhance their workforce in the U.S.
An employer can seek labor certification to hire qualified foreign national
employees through the labor certification process (or green card through
employment). The labor certification is the first of three steps when
applying for a green card through employment.
This Labor Certification process is filed with the U.S. Department of Labor.
There are very strict sets of circumstances and criteria that need to
be met for a U.S. employer to successfully petition for labor certification
for a foreign worker.
First of all, the employer must describe the duties and qualifications
for the job and obtain a Prevailing Wage Determination. There must be
adequate advertising for the job, typically in print newspapers, online,
and even professional journals. The job must be made available to workers
in the United States. Job requirements can’t be tailored to the
foreign worker the employer is seeking to employ.
The sponsoring employer must be able to certify that there were not any
qualified U.S. workers who were able, willing or qualified to take the
job in that area for that wage. The petition is filed through program
electronic review management (PERM), then a decision is made by the Department
of Labor. This adjudication process for a labor certification can take
up to one year, and sometimes even longer, depending on the circumstances.
It is not unusual for companies and employers in the United States to
seek foreign talent and ingenuity to add to their companies based in the
United States. While that process may seem long and complicated, the caliber
of foreign expertise and workmanship may make the process entirely worth
the wait. Because the regulations, timelines, and process in general can
evolve over time, it is best to seek advice and guidance from knowledgeable
and up-to-date immigration law attorney in Massachusetts. A local immigration
lawyer can guide you, the employer, through the process and ensure each
step is taken in accordance with the current laws and regulations, and
answer any questions employers may have about the labor certification process.
North Shore Massachusetts
Immigration Law Firm