What is Labor Certification Immigration?
When a company wants to hire international workers, they must obtain labor certification from the Secretary of Labor. In order to do that, the company must show that U.S. workers who are qualified to do the job are unavailable here, in the U.S.
However, there are exceptions, such as when priority workers (including persons of extraordinary ability and professionals who hold advanced degrees).
There are several programs available by which companies can get temporary or permanent foreign labor certification. Once the Department of Labor has approved a company’s foreign labor certification, the company can begin filing visa petitions for prospective employees.
Labor Certification: Temporary vs. Permanent
Some companies have permanent labor certifications; others are only authorized on a temporary basis. If your company meets the right criteria, you can apply for a permanent employment certification. The requirements for a company include:
•Having a real, full-time, and permanent job opening available to U.S. workers •The job requirements must be similar to what is normally required for that occupation, and they cannot be tailored to meet foreign workers’ qualifications •The employer must pay the prevailing wage (that’s the average wage paid to similarly employed workers)
It can take several months for the Department of Labor to approve a labor certification petition.
Working With Labor Certification Immigration Lawyers