Labor Certification Requirements and Costs

 

Labor certification is the most widely used channel by aliens holding full-time permanent positions in the U.S. who are seeking permanent residency status. It should not, however, be confused with the Labor Condition Application, which covers aliens with temporary work visas. 

 

There are specific requirements in the labor certification application process, and these apply to both employers and employees. Employers act as petitioners and potential employees as beneficiaries.  

 

Employer Requirements

 

> The offered U.S. position is full-time and a bona fide job offer available to U.S. workers.

 

> Job requirements are not designed around the foreign worker's qualifications. Refer from this classifieds site.

 

> The offered wage is based on prevailing wage requirements.

 

> Employer is financially capable of paying the offered wage.

 

> Following the recruitment processes, it will be determined that there are no U.S. workers who

have the qualification, willingness and ability to take the position offered to foreign workers.

 

> The wages and working conditions of U.S. workers will not suffer as a result of hiring the

foreigner. 

 

Foreign Worker Requirements

 

> Educational and work experience requirements of the position are met at the time of filing the

labor certification application. On the other hand, the foreign worker exceeding the minimum

qualifications should not pose issues. See this My Classified Ads site for help.

 

> If the foreign worker is already in the U.S., he or she must hold a valid status.

 

While it is not explicitly allowed as per regulations, the DOL and the U.S. Citizenship and Immigration Services (USCIS) provide sponsoring employees the option to file labor certification applications and immigration petitions for foreign workers they seek to hire. Whether or not the foreigner is working for the sponsoring employer during or after the labor application process makes no difference.

 

In addition, the sponsoring employer is under no obligation to keep the foreign worker after the approval of the labor certification application. But the foreign worker has to remain with the sponsoring employer within a reasonable timeframe after he or she obtains permanent resident status. All costs related to a labor certification application will be shouldered by the sponsoring eployers, including recruitment-related costs and attorney's fees.   Read more about labor at https://en.wikipedia.org/wiki/Labor_force_in_the_United_States.

 

All sponsoring employers are prohibited by the DOL from taking any form of payment as an inducement or incentive for applying for labor certifications. As well, these employers are barred from recouping costs incurred in the preparation and filing of an application.

 

Petitioning employers will not be allowed transfer the costs directly to the foreign worker, and cannot indirectly get reimbursement through deductions from the foreigner's wages or benefits. The employer and the foreign worker should pay their own respective lawyers.