Labor certification is an immigration process step in the United States of America that aims to protect U.S. workers and the U.S. labor market by making sure 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. 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.
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 doe not mean that the foreign worker will be replaced by a qualified US worker immediately, and the foreign worker can still serve until his US temporary visa expires and can still re-apply for labor certification and get approved. 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 labor certification of his foreign worker. However, the foreign worker can greatly benefit from being aware and understanding how the labor certification program is utilized on his behalf. Although this may seem a long and tedious process for U.S. employers, they can provide utmost protection tot heir foreign workers, while being able to reap the benefits of working with them.
In general, it is the responsibility and mandate of the U.S. Department of Labor to ensure that the admission of foreign workers to work in the United States will not adversely affect the U.S. workers’ job opportunities, working conditions, and wages. 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. It is always good to stay informed about your labor rights, regardless if you are a foreign worker seeking for a permanent working visa, or a U.S worker knowing your labor rights.