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. But if the US employer wishes to hire the services of a foreign worker permanently, green card complex sponsorship begins than can take years, and the first step in this process 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 doe not mean that the foreign worker will be replaced by a qualified US worker immediately, and the foreign worker can still serve until his US temporary visa expires and can still re-apply for labor certification and get approved. 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. It is the responsibility of the employer to file the application. However, the foreign employee can greatly 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. 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.