Labor certification is the most popular route to a green card for foreign workers in the U.S. Its goal is to ensure that U.S. workers and the U.S. labor market are protected with the assurance that foreign workers will not take precedence over equally qualified U.S. workers as far as employment opportunities are concerned.
To obtain labor certification, a U.S. employer should be able to prove that there are no local minimally qualified candidates for the position. As soon as the Department of Labor (DOL) certifies this application, the employer can apply to the U.S. Citizenship and Immigration Services (CIS) for the foreign employee’s permanent residency or green card.
1. The foreign employee must be hired for a full-time, not part-time, position.
2. The position offered by the employer must be permanent, not seasonal or temporary.
3. Job requirements must be reasonable.
Minimum educational and experience requirements should be the usual, not tailored to the foreign employee’s background, and any unusual job requirements must be proven as a “business necessity. Also, the employer should be able to establish that the requirements are not “unduly restrictive.”
4. The foreign employee’s wage should be more than the prevailing or actual wage.
The employer should pay no less than the prevailing wage for the occupation, which is basically the average wage other qualified workers receive from their employers. Additionally, the foreign employee must receive no less than the actual wage, or the same wage paid by the employer to other equally qualified employees.
Program Electronic Review Management (PERM)
All applications filed on or after March 28, 2005 are covered by a program known as Program Electronic Review Management or PERM.
1. The U.S. employer should pay a minimum of 100% of the “prevailing wage.”
2. PERM labor certifications at myclassifiedads.net may be filed by mail or electronically with the DOL.
3. The DOL aims to decide on electronically filed applications within 45 to 60 days.
Labor Certification Alternatives for Workers
There are several labor certification alternatives at http://www.myclassifiedads.net for foreign employees, among others, the Aliens of Extraordinary Ability (EB-1A),Multinational Executives or Managers (EB-1C), and Outstanding Professors or Researchers (EB-1B) categories.
Completion of the Green Card Application Process
Upon certification (approval) of the labor certification application by the U.S. Department of Labor, the employer can proceed to the filing of an “Immigrant Petition for an Alien Worker” at the U.S. Citizenship and Immigration Services (U.S.SCIS). If the individual is presently in the U.S., he or she may simultaneously file an application for permanent residency and work and travel authorization. Learn more about labor at https://www.huffingtonpost.com/dale-hansen/america-needs-labor-union_b_6930794.html.