Fort Lauderdale Labor Certification Lawyer
Labor certification process involves complex procedures and can become confusing and overwhelming for employers. Having an experienced labor certification lawyer on your side can simplify the process.
U.S. companies that have extended employment offers to foreign nationals are required to go through the compulsory labor certification process before the person can be granted a visa. In simple terms, this process ensures that the foreign national receives a fair wage, and that no individuals already in the U.S. are qualified to apply for the job.
We can handle labor certification process as smoothly and quickly as possible. Our extensive legal experience in immigration matters can help you navigate the complex labor certification process with ease.
What You Need To Know About Labor Certification
For most individuals, the first step in obtaining permanent residence in the US on the basis of employment is labor certification. It is a determination by the Department of Labor (DOL) that there are no qualified US workers willing or qualified to fill the job offered, and that the employment of the foreign national will not adversely affect the job opportunities, working conditions and wages of the U.S. workers.
In order to obtain labor certification, the employers are required to demonstrate that they made proper recruitment efforts and that no qualified and willing U.S. workers applied for the position. Labor certification is often the most lengthy and cumbersome part of the permanent residency process. Department of Labor’s Program Electronic Review Management (PERM) System is used to complete the application.
The most difficult aspect of the labor certification process is that, in most cases, U.S. workers need only minimum qualifications for the job position in order to be considered qualified by the Department of Labor. So, the employer not only needs to establish that the foreign national they intend to hire is the most qualified applicant, but they must also establish that no U.S. workers meet this minimum qualification requirement. However, university and college teachers and performing artists with exceptional ability are not subject to this standard. For these workers, the employer just needs to establish that that the foreign national is more qualified than the U.S candidates.
Labor Certification Process
The general requirements of the process are:
- The employer must get a prevailing wage determination from the State Workforce Agency before filing the application. This is the minimum wage rate they must offer.
- The employer must complete the compulsory recruitment program before filing the application. The regimen includes filing a 30 day job order with State Workforce Agency and placing two Sunday advertisement in a newspaper
- After the initial review and screening by the Department of Labor, the application is either audited, certified or denied
- Once the employer has responded to the audit letter, their case may be certified or denied. In some cases, the employer may be asked to undertake additional recruitment supervised by the Department of Labor.
Labor certification is required for immigration applications in the following categories:
- EB-2 or Second Preference Employment Based Immigration applications: Professionals with exceptional abilities and advanced degrees
- EB-3 or Third Preference Employment Based Immigration applications: Skilled workers having two or more years of work experience, professionals with a Bachelor’s degree, unskilled workers
Labor certification is not required for immigration applications in the following categories:
- EB-1 or First Preference Employment-Based Immigration petitions
- EB-2 or Second Preference Employment-Based Immigration petitions
- EB-5 Fifth Preference Employment-Based Immigration
Hire Our Labor Certification Attorneys
Working and living in the U.S. can be a dream come true for many foreign nationals. Some foreign workers have spent their entire life building a career in their field of expertise. If you possess the skills, education or other qualities that an employer in the U.S. is seeking, then you need to go through the labor certification process.
We are familiar with all immigration laws, and how they determine eligibility to work in the United States. We are more than experienced and qualified to help you through the complex labor certification process. If you are a foreign national looking to work in the USA, or you are an employer seeking to hire a foreign worker, we would be glad to guide you through the immigration process with confidence and ease.
Call (954) 566-2606 or complete our online immigration lawyer contact request.