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. If ever there are qualified US workers, even minimally qualified US workers, then the foreign worker cannot permanently acquire the position. The qualified US worker cannot replace the foreign worker immediately. Labor certifications are issued by the Secretary of Labor, containing attestations by U.S. employers as to the numbers of U.S. workers available t undertake the employment sought by an 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. The determination of labor availability is made at the time of visa application as well s the location where the foreign applicant wishes to work. The filing of labor certification application is the responsibility of the employer and not the foreign employee. 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.
Generally, it is the primary job of the Department of Labor to ensure that the admission of foreign workers to work in the United States will not adversely affect the job opportunities, working conditions, and wages of U.S. workers. 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. Whether you are a foreign worker seeking for permanent working visa, or a U.S worker knowing your labor rights, we can help you stay informed ever time.