Labor certification is an immigration process step in the United States of America that aims to protect U.S. workers and the U.S. labor market by making sure that foreign workers who are seeking immigrant visa classifications are not at all displacing 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 is the process of proving that there are no qualified US workers for the position that the foreign worker will be filling in. If ever there are qualified US workers, even minimally qualified US workers, then the foreign worker cannot permanently acquire the position. 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 employee can greatly benefit from understanding how the program is utilized on his behalf. Although this may seem a long and tedious process for U.S. employers, they can provide utmost protection tot heir foreign workers, while being able to reap the benefits of working with them.
In general the Department of Labor works 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. We can help you find other relevant information about U.S. labor certifications, you can visit our homepage or website today. It is always good to stay informed about your labor rights, regardless if you are a foreign worker seeking for a permanent working visa, or a U.S worker knowing your labor rights.