For foreign nationals pursuing a green card through employment, the labor certification process is a crucial step toward the American dream.
If you are an employer or a foreign national eyeing this pathway, understanding the labor certification process can be the ticket to a smooth journey.
Understanding labor certification
The certification process protects the U.S. workforce while meeting the needs of employers who require skills that are scarce in the domestic market.
Employers must demonstrate that there are no qualified, willing or available U.S. workers for the position despite strong recruitment efforts.
Recruitment process
The recruitment process is a cornerstone of labor certification. Employers are required to place job advertisements in multiple channels, including newspapers, online job portals and sometimes even at job fairs.
These efforts must be documented meticulously, as they serve as evidence that no suitable U.S. worker was available for the role.
Filing the application
If no suitable domestic worker is found, employers can file a labor certification application with the Department of Labor. This application must detail the recruitment efforts and explain why no U.S. worker was hired.
The DOL then reviews the application to ensure compliance with all regulatory requirements.
Approval and next steps
Upon approval of the certification, the employer can proceed with filing an immigrant petition (Form I-140) on behalf of the foreign individual. This marks the beginning of the final phase towards permanent residency.
While the journey may not end here, securing certification is a pivotal victory on the path to residency for both the employer and the foreign worker. The right representative can make a difference in the outcome of your efforts.