Characteristics of the Labor Certification
- Labor Certification is the first step in obtaining a Green Card. It is a process that an employer goes through to prove that a specific foreign national is essential to the success of their business.
- The employer must prove that no US worker is qualified or willing to perform the job, or at least that no suitable worker could be found, despite the company’s best efforts to advertise the position.
- It must also be demonstrated that the hiring of the foreign worker will not negatively impact the US job market.
- This certification is granted by the US Department of Labor.
- All Labor Certifications are obtained through PERM, which stands for Program Electronic Review Management.
- This (relatively new) program allows for quicker approvals of Labor Certifications than was available in the past.
- PERM allows the employer to conduct several tests of the job market, and if no US workers can be found in these tests, the employer can file for the Labor Certification electronically with the Department of Labor, without any supporting documents.
- If the certification is chosen at random for auditing, then the employer must submit all the supporting documentation.
- Most Labor Certifications take about 60 days, but if the process is audited, it can take about 2 years.
- Once the Labor Certification is obtained from the Department of Labor, the petitioner can then proceed to file their petition with the US Citizenship and Immigration Services.
Although petitioning for a Labor Certification can be an intimidating process, our attorneys are experienced in working with employers and the US Dept. of Labor to successfully obtain them as part of the Green Card process. We have been through this process many times, and can offer guidance and make sure the subtle details of your case are properly represented to your best advantage.
In the case of an audit, the assistance of an immigration attorney is invaluable. Put our experience and expertise to work for you by contacting us for a free consultation, either by phone or in person at our offices on the West Coast described below.