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. The options available for US employers who want to hire foreign workers or non-immigrant workers include the 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. The qualified US worker cannot replace the foreign worker immediately. 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 time of visa application where the foreign applicant wishes to work and his location must be determined to determine labor availability. The filing of labor certification application is the responsibility of the employer and not the foreign employee. However, the foreign worker can greatly benefit from being aware and understanding how the labor certification 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.
Generally, it is the primary job of the Department of Labor to ensure that the admission of foreign workers to work in the United States will not adversely affect the job opportunities, working conditions, and wages of U.S. workers. 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. Regardless you are a foreign worker seeking for a permanent working visa, or a U.S worker knowing your labor rights, you can always find information online to help you with your employment needs.