Published: December 14, 2021
Hiring immigrants can be a cost-effective and long-term solution to a shortage in labor. However, U.S.-based companies cannot hire immigrants directly like natural-born and naturalized citizens. Most companies need to undergo a process called labor certification. Labor certification can be a tricky and tedious procedure. Here is a comprehensive review for your reference:
Labor Certification
Labor certification is necessary before an employer can sponsor and hire non-citizens within the United States. The U.S. Department of Labor (DOL) verifies two critical matters in this process. First, DOL should confirm the insufficiency of available, qualified, and willing U.S. workers that can fill the position offered by the employer at the prevailing wage. Second, hiring a foreign worker should not cause adverse effects to the wages and working conditions of U.S. workers employed under labor conditions.
Its Purpose
Labor certification exists to protect American citizens and the country’s labor stability. The DOL is strict and meticulous because it cannot approve every labor certification. It should ensure that admitting non-citizens as laborers should not negatively impact American citizens’ job opportunities, wage rates, and working conditions. While the country extends economic opportunities to non-citizens, it prioritizes American citizens above all.
Filing of the Petition
Generally, filing an application for labor certification falls under the employer’s responsibility. Doing so, the employer “sponsors” employees to come to the United States and work for them. After getting approval from DOL, the employer will forward the labor certification to the USCIS and ask for immigration authorization.
International Hiring Done Right
Finding the right employees to do the job is only half the bulk of hiring non-citizens. To ensure that you complete every legal and procedural requirement, work with ALG Lawyers. Our Los Angeles immigration lawyers have a proven track record of timely responding to clients and providing their needs. We will be more than happy to serve you!
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)