Labor Certification in Dallas
Explanation of Labor Certification
The employment-based green card process begins with what is called labor certification. In order for a foreign worker to work in the United States, their employer must first get the labor certification from the Department of Labor (DOL). This is the very first step in obtaining a green card.
The labor certification is a document that is issued by the DOL. It allows your employer to file an employment-based immigration petition on your behalf. There are several different agencies that are involved in granting permission for foreign workers to work in the United States; however, before they can take any other steps, they must first seek certification through the Department of Labor. For more in-depth information on labor certification, contact a Dallas immigration lawyer.
Once the application is certified and approved, the employer must then petition the U.S. Citizen and Immigration Services for a visa. Keep in mind that approval by the Department of Labor does not guarantee the issuance of a visa. Furthermore, foreign applicants must prove that they are admissible to the United States under provisions of the Immigration and Nationality Act (INA).
Labor Certification Process for a Green Card
When the Department of Labor (DOL) issues a permanent labor certification, it allows an employer to hire a foreign worker to work permanently in the United States. In most cases, the U.S. employer must obtain a certified labor certification application from the DOL's Employment and Training Administration (ETA) before they can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS).
It's the DOL's job to certify to the USCIS that there were not sufficient U.S. workers that were able, willing and qualified to accept the specific job opportunity that is in the area of the intended employment. They must also certify that by employing the foreign worker, it will not adversely affect the wages or working conditions of similarly employed U.S. workers.
The process for filing is as follows:
- The employer must complete an Application for Permanent Employment Certification, ETA Form 9089. The application will include a detailed description of the job duties, educational requirements, training, experience etc. that the employee must possess in order to perform their job. They must also outline the foreign worker's qualifications.
- The application must include the employer's original signature, the foreign worker's signature and the preparer's signature if applicable.
- Prior to filling out the ETA Form 9089, the employer must obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC). The prevailing wage must be included in the form.
- The majority of employers must attest to having conducted recruitment prior to filing the application.
Dallas Immigration Attorney
Living and working in the United States can be a dream come true. Some foreign workers have worked hard their entire life to build a solid career and reputation in their field of expertise. If you have the education, skills, or any other qualities that an American employer is seeking, then you are going to need to go through the labor certification process.
At the Mathur Law Offices, P.C., our practice is familiar with all of the United States immigration laws and how they determine eligibility to work in the U.S. As an immigrant himself who has had a very successful law career in the U.S., Mr. Sanjay Mathur is more than qualified to help you through the labor certification process. If you are interested in working in the United States, or if you are an employer who is seeking to hire a foreign worker, our firm would be honored to guide you through the immigration process with ease and confidence.