The primary purpose of a labor certification is to demonstrate: (1) that there are not sufficient U.S. workers who are able, willing, and qualified for the foreign employee’s position; and (2) that the employment of the foreign employee will not adversely affect the wages and working conditions of U.S. workers. In order to obtain this determination, an application describing the position’s duties, minimum requirements for the position, and the results of recruiting for the position must be certified by the U.S. Department of Labor.
Once the labor certification application has been approved, an I-140 petition is filed with the USCIS. In connection with the petition, the employer must demonstrate that it had the ability to pay the wage listed on the labor certification application from the time the labor certification application was filed up to and including the time that the petition is approved. The final step in the permanent residence process involves the employee demonstrating he or she is not subject to any ineligibility for permanent residence.
QUALIFYING WORK FOR A PERMANENT LABOR CERTIFICATION
Under the permanent labor certification process, the job must be:
- Full-time and permanent
- One where an employer-employee relationship exists, as evidenced by the employer’s ability to hire, supervise, control the work of, and provide payment to the employee
- One in which the job duties are generally consistent with those defined in ONET and normally required for the job in the U.S.
- One where the hiring requirements conform to the Department of Labor’s data for usual experience and education standards common to the occupation and the industry
- One that is not tailored to the qualifications of the foreign worker
- One that does not include requirements for a language other than English, without written justification
Please Contact us for additional information on Labor Certification visas, and guidance through what can be a complex process.