When it comes to labor certification in the United States, labor certification is a crucial immigration process that aims to provide protection to U.S. workers and the U.S. labor market by ensuring that foreign workers who are seeking immigrant visa classifications will not displace equally qualified U.S. workers. Generally, there are options available for US employers who wish to hire foreign and non-immigrant workers on a temporary basis including H-1B visas, L-1 visas, and TN status. For permanent hiring of a foreign worker, a US employer need to comply with the complex process for obtaining green cards that can take years to be processed, and the first step is labor certification.
Labor certification refers to the process of proving there is no US worker qualified for the position being offered. The the foreign worker is not allowed to fill the position on a permanent basis if the result of the labor certification process shows that there are qualified or minimally qualified US workers for the position being offered. It does not necessarily mean that the foreign workers will be replaced by a qualified US worker. Labor certification is issued by the U.S. Secretary of Labor, and it contains the attestations by U.S. employers as to the number of U.S. workers available to fill the vacancy or position sought by the foreign applicant as well as the effects on the wages and working conditions the alien’s employment bring to U.S. workers who are similarly employed. The determination of labor availability is made at the time of visa application as well s the location where the foreign applicant wishes to work. It is the responsibility of the employer to file the labor certification of his foreign worker. However, the employee can highly benefit from understanding how the program is utilized on his behalf. Although it may seem a long and tedious process for U.S. employers, they can reassure and protect their foreign workers and reap the benefits of working with them.
In general, it is the responsibility and mandate of the U.S. Department of Labor to ensure that the admission of foreign workers to work in the United States will not adversely affect the U.S. workers’ job opportunities, working conditions, and wages. The the employer needs to seek the immigration authorization from USCIS, once the permanent labor certification application has been approved. Allow us to help you with other details about labor certification in the United States, come and visit our homepage or website today. Whether you are a foreign worker seeking for permanent working visa, or a U.S worker knowing your labor rights, we can help you stay informed ever time.