Please read through our website for detailed information on applying for and obtaining a Labor Certification. You may also wish to try the search utility, or visit the sitemap for quick links to specific content.
Below we have attempted to answer questions frequently asked by both our existing and potential clients. If you cannot find the answer to your question, please do not hesitate to contact us. We will gladly and promptly respond. Remember, every question is important.
FAQs about Attorney Services
Yes. The immigration regulations do not require a U.S. employer to use the services of an attorney.
An experienced immigration attorney is well versed in the nuances of the visa process including petition and application preparation, responses to requests for evidence, documentation collection, government communication, consular interviews and advocacy. The attorney can successfully overcome possible issues by providing clients with solid advice based upon education and experience. If you are unsure as to whether you should hire an attorney, you may wish to read our page: Why hire an attorney?
FAQs about the Labor Certification and Employment
No. Labor Certification is not a work permit or a non-immigrant work visa. It does not bestow the ability to work legally in the United States.
Yes. If the foreign worker obtained a non-immigrant work visa category (i.e. H-1B) then the foreign worker can begin and continue employment while the Labor Certification is being processed.
- Can a Labor Certification application be processed while the foreign worker is outside the United States?
Yes. The foreign worker does not have to be physically present or presently employed by a U.S. employer to process a Labor Certification application.
- Can the foreign worker enter and exit the United States while a Labor Certification application is pending?
Yes. Assuming the foreign worker possesses a non-immigrant work or other visa.
FAQs about the Labor Certification Process
Generally, the first step in obtaining permanent residence (“green card”) on behalf of a foreign worker is labor certification. Labor certification is the process of proving that there are no qualified U.S. workers for the position being offered to the foreign worker. Indeed, labor certification’s stated goal is to “protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers.” If there are qualified U.S. workers then the foreign worker cannot be offered the position on a permanent basis.
- The U.S. employer must attest that it is offering a full-time, bona fide and permanent position to the foreign worker.
- The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage.
- The U.S. employer must attest that there are no U.S. workers able, willing, qualified and available for the position.
- The U.S. employer must attest that employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
- The foreign worker must meet the requirements (educational, experience, training) for the position.
Once the Prevailing Wage Determination is issued, the U.S. employer follows regulations and begins the recruitment process in order to test the United States labor market. If, after recruitment, there are no U.S. workers able, willing, qualified and available for the position then the U.S. employer drafts a Program Electronic Review Management (PERM) Report evidencing that it followed all applicable recruiting regulations. Then, the U.S. employer registers the company online with the Permanent Online System and assigns a sub-account to the attorney. If the U.S. employer is offering a full-time, bona fide and permanent position and will pay the foreign worker at least the prevailing wage, it files Application for Permanent Employment Certification (ETA Form 9089) with the DOL. The DOL will either certify or deny the Application for Permanent Employment Certification (ETA Form 9089) or issue an audit notice. If issued, the U.S. employer responds to the audit notice. After response the DOL will either certify or deny the Application for Permanent Employment Certification (ETA Form 9089). If certified, then the U.S. employer may proceed to the second step of obtaining permanent residence (“green card”) on behalf of a foreign worker.
In order to initiate the process, the U.S. employer files an Application for Prevailing Wage Determination (ETA Form 9141) with the Department of Labor (DOL). The DOL will issue a Prevailing Wage Determination indicating the ‘prevailing wage’.
Yes. The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage.
The U.S. employer must place a job order with the state employment office for a period of 30 days; place 2 consecutive Sunday advertisements in a newspaper of general circulation appropriate to the occupation in the area of intended employment; physically post a notice of filing in 2 conspicuous places at the place of employment for 10 consecutive business days and publish the notice of filing in any and all in-house media (printed or electronic (Intranet)) normally used to fill positions in accordance with normal procedures used for recruitment for similar positions in the organization and must engage in 3 additional types of recruitment
The recruitment steps must occur during a 30 to 180 day period prior to the filing of the Application for Permanent Employment Certification (ETA Form 9089).
Yes. However, the individual must possess a Federal Employer Identification Number (FEIN).
No. The petitioner must be a U.S. employer.
The Labor Certification application is filed online with the Department of Labor.
There is no filing fee.
At present, the Labor Certification application is filed online and is either certified, denied or an audit notice is sent within 6 months of filing.
The notice issued to the U.S. employer by the Department of Labor requesting evidence of compliance with labor certification regulations.
A Labor Certification application is valid for a period of 6 months.