Yes. The immigration regulations do not require a U.S. employer to use the services of an attorney.
Labor Visa
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.
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 a foreign worker begin employment in the United States without Labor Certification?
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.
Does Labor Certification allow a foreign worker to be lawfully employed in the United States?
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.
Does the position have to require a bachelor’s degree to obtain Labor Certification?
No.
How long is the Labor Certification application valid for after certification?
A Labor Certification application is valid for a period of 6 months.
What is an audit notice?
The notice issued to the U.S. employer by the Department of Labor requesting evidence of compliance with labor certification regulations.
How long does it take the Department of Labor to process a Labor Certification application?
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.
What is the government filing fee for a Labor Certification application?
There is no filing fee.
