When foreign nationals want to come to the United States for work purposes, they must obtain the appropriate visas for their specific jobs. Before this is even possible, in many cases, employers must obtain what is called Foreign Labor Certification in order to show the government the need to hire immigrant workers. How do employers in California and elsewhere apply for Foreign Labor Certification?
When an employer wishes to hire non-U.S. workers, he or she must provide evidence that there are no qualified U.S. workers for their needs. The process of labor certification is in place for this purpose. Depending on employment type, the way in which one might obtain labor certification may vary. An immigrantion attorney and the Department of Labor can both offer further details about the steps that must be taken for one’s specific needs.
After the Department of Labor approves a labor certification application, employers then must seek the appropriate authorization from immigrantion authorities. Certification is actually only needed by employers hiring those in need of H-1B, H-2A and H-2B visa classifications. The approved labor certification must be submitted with the visa application in order for it to even be considered.
While obtaining Foreign Labor Certification may sound as simple as mailing in a form to the Department of Labor, it may not be all that easy. Employers in California and elsewhere who desire to hire qualified individuals from outside the United States will need to provide sufficient proof of their qualifications, and the overall value they can add to companies compared to workers already residing in the country. An immigrantion attorney can assist employers in this process in order to ensure that all the necessary information is appropriately and timely submitted, and can provide further help if any issues arise.
Source: uscis.org, “What is a Foreign Labor Certification?”, Accessed on July 6, 2016