In the United States, labor certification is considered an immigration process aiming to provide protection to U.S. workers and the U.S. labor market by ensuring that foreign workers who are seeking immigrant visa classifications are not at all displacing 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. 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. The qualified US worker cannot replace the foreign worker immediately. The Secretary of Labor in the United States issues labor certifications, with attestations by U.S. employers as to the numbers of U.S. workers available to fill the employment sought by a foreign applicant, as well as the effect of the foreign worker’s employment on the wages and working conditions of the U.S. workers similarly employed. To determine the labor availability in the United States, the location and the time of visa application where the foreign applicant wishes to work must be determined. It is the responsibility of the employer to file the labor certification of his foreign worker. However, the foreign employee can greatly benefit from understanding how the program is utilized on his behalf. It may be a tedious process for the employer but it can provide utmost protection to his foreign workers, and gain the benefits of hiring foreign workers’ services.
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. Once the permanent labor certification application has been approved, then the employer needs to seek the immigration authorization from USCIS. 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.