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… Read More
FAQs about the Labor Certification Process
Yes. The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage.
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’.
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… Read More
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… Read More
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…. Read More
Yes. There must be an employer/employee relationship between the U.S. employer and the foreign worker. Generally, the relationship is demonstrated by the fact that the U.S. employer may hire, pay, fire and supervise or otherwise control the foreign worker’s work.