Characteristics of the Labor Certification

  1. 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.
  2. 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.
  3. It must also be demonstrated that the hiring of the foreign worker will not negatively impact the US job market.
  4. This certification is granted by the US Department of Labor.
  5. All Labor Certifications are obtained through PERM, which stands for Program Electronic Review Management.
    1. This (relatively new) program allows for quicker approvals of Labor Certifications than was available in the past.
    2. 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.
    3. If the certification is chosen at random for auditing, then the employer must submit all the supporting documentation.
    4. Most Labor Certifications take about 60 days, but if the process is audited, it can take about 2 years.
  6. 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.

Our Services

 

If you are considering filing an H1B visa petition for the international staffing of your own business, contact us for a free consultation to discuss your needs and how we can assist you in the process. Our attorneys are experienced in dealing with unique business situations, and have represented many clients in successfully obtaining employment visas for hiring foreign national.

We can advise you with recommendations for your global hiring plans based on the latest immigration regulations, and will take into account any special factors that may apply to your industry or involvement with international trade. With three offices in California and Oregon in the western United States, we are happy to meet with you in person or discuss your employment immigration needs by phone.

Our staff is multilingual, serving clients located around the world from our offices on the U.S. West Coast.
Whether you are entering America for the first time or pursuing citizenship, we will help you in the legal process.
With extensive courtroom and trial experience, we can defend you against deportation and other threats.
We assist employers in obtaining H1B visas to help skilled international workers join their U.S. staff.

 

Our staff is multilingual, serving clients located around the world from our offices on the U.S. West Coast.

Whether you are entering America for the first time or pursuing citizenship, we will help you in the legal process.

With extensive courtroom and trial experience, we can defend you against deportation and other threats.

We assist employers in obtaining H1B visas to help skilled international workers join their U.S. staff.


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Our staff is multilingual, serving clients located around the world from our offices on the U.S. West Coast.

Whether you are entering America for the first time or pursuing citizenship, we will help you in the legal process.

With extensive courtroom and trial experience, we can defend you against deportation and other threats.

We assist employers in obtaining H1B visas to help skilled international workers join their U.S. staff.


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