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. Generally, there are options available for US employers who wish to hire foreign and non-immigrant workers on a temporary basis including H-1B visas, L-1 visas, and TN status. For permanent hiring of a foreign worker, a US employer need to comply with the complex process for obtaining green cards that can take years to be processed, and the first step is labor certification.
The labor certification process aims to prove that there are no US workers qualified for the position being offered to the foreign worker. 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. It does not necessarily mean that the foreign workers will be replaced by a qualified US worker. 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. 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. It is the responsibility of the employer to file the application. 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.
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. We can help you find other relevant information about U.S. labor certifications, you can 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.