The labor certification process has become complex with time. And with globalization at its peak, more and more foreign contacts are coming on a same platform to work. This requires traveling to different countries to work. What people are most worried about is the permit to live in the United States on the basis of their employment.
The common idea about the labor certification that people have is that it is the first step to acquiring a permanent residence on the basis of employment.
Labor certification is essentially a document that is a determination given by the United States Department of Labor (DOL). This document represents that there is nobody available in the U.S., or there is no one who is qualified enough to fill a particular position, even if there is then he or she is not willing to fill that position. Only if this condition is met, then the employer can hire a foreign national and also ensure that this process has no adverse effects on the job opportunities, salary or the working conditions of the U.S. workers.
Acquiring Labor Certification
For Acquiring labor certification, the employer has to show that all possible and essential recruitment efforts were made and that no qualified U.S. worker was interested in taking the job.
Usually, it is the most tedious and time taking a step in obtaining permanent residency through employment. The most disturbing part of the project is in many cases, on one hand a U.S. worker is required to meet only the minimum qualifications for the job so that he can be considered as qualified by the Department of Labor. Hence, there is an increased work for the employers. Not only the employer has to prove that the foreign national who will be getting the job is qualified, but there were no U.S. workers meeting the minimum qualification standards.
The law does not hold for college and university teachers, and also, artists who have a unique ability. The standard does not apply for them. It is required that employers establish the alien employee is much more qualified than the U.S. applicants.
Labor certification is needed only for those who are planning to immigrate by the virtue of their employment.
You don’t need a labor certification if you are moving into U.S. by the virtue of a family member in the U.S. There are just a few classifications of employment-based immigration for which labor certification is not required. We are quoting some of the instances where the labor certification is not required. These instances are:
- Foreign nationals who are exceptionally well in fields like science, business, education, and arts. The alien nationals who excel in athletics also fall under the category.
- Teachers, researchers and professors with excellent records and multinational executives.
You can contact a good immigration law firm to solve your problems and get a solution for labor certification.