Labor Certification

In the labor certification process, the employer must show there are not sufficient workers who are able, willing, qualified and available and the employment of the alien will not adversely affect the wages and working conditions of workers in the United States similarly employed. INA § 212(a)(5)(A).

Prior to filing the labor certification application, the employer must apply to the National Prevailing Wage Center of the United States Department of Labor to determine the salary, called the prevailing wage, which is considered appropriate for the particular job in the particular geographic area. The employer must then go through specific recruitment procedures in an attempt to find a qualified U.S. worker, including placing various advertisements in specific publications, and posting the job with the relevant State Workforce Agency. The recruitment procedures are slightly different for professional versus non-professional occupations. It must be documented that all of the U.S. applicants were rejected because of some job-related reason.

Once the recruitment period is over, the employer can then file the Labor Certification Application with the Department of Labor, but only if the employer can document that they can not find a qualified, willing, available and able worker. Once the Labor Certification Application is approved, the employer can then file a petition with USCIS for the alien they desire to hire.

Do you have questions about labor certification, or how to obtain a green card through employment or investment? Please contact a Woodland Hills labor certification immigration attorney for a consultation so we can help you with the labor certification process. In addition to Woodland Hills, we provide immigration attorney services in a variety of other areas, including Agoura Hills, Alhambra, Burbank, Calabasas, Canoga Park, Eagle Rock, Encino, Glendale, La Cañada Flintridge, Los Angeles, Mission Hills, Monterey Park, North Hollywood, Northridge, Pasadena, Reseda , San Fernando , Santa Clarita, Sherman Oaks, Tarzana, Thousand Oaks, Valley Village, Van Nuys, Warner Center, Winnetka, and West Hills. Even if your city is not listed, please don’t hesitate to contact us to see if we can help. Since immigration law is federal, we can help you wherever you live in the United States.

Labor Certification

In the labor certification process, the employer must show there are not sufficient workers who are able, willing, qualified and available and the employment of the alien will not adversely affect the wages and working conditions of workers in the United States similarly employed. INA § 212(a)(5)(A).

Prior to filing the labor certification application, the employer must apply to the National Prevailing Wage Center of the United States Department of Labor to determine the salary, called the prevailing wage, which is considered appropriate for the particular job in the particular geographic area. The employer must then go through specific recruitment procedures in an attempt to find a qualified U.S. worker, including placing various advertisements in specific publications, and posting the job with the relevant State Workforce Agency. The recruitment procedures are slightly different for professional versus non-professional occupations. It must be documented that all of the U.S. applicants were rejected because of some job-related reason.

Once the recruitment period is over, the employer can then file the Labor Certification Application with the Department of Labor, but only if the employer can document that they can not find a qualified, willing, available and able worker. Once the Labor Certification Application is approved, the employer can then file a petition with USCIS for the alien they desire to hire.

Do you have questions about labor certification, or how to obtain a green card through employment or investment? Please contact a Woodland Hills labor certification immigration attorney for a consultation so we can help you with the labor certification process. In addition to Woodland Hills, we provide immigration attorney services in a variety of other areas, including Agoura Hills, Alhambra, Burbank, Calabasas, Canoga Park, Eagle Rock, Encino, Glendale, La Cañada Flintridge, Los Angeles, Mission Hills, Monterey Park, North Hollywood, Northridge, Pasadena, Reseda , San Fernando , Santa Clarita, Sherman Oaks, Tarzana, Thousand Oaks, Valley Village, Van Nuys, Warner Center, Winnetka, and West Hills. Even if your city is not listed, please don’t hesitate to contact us to see if we can help. Since immigration law is federal, we can help you wherever you live in the United States.