ALIENS SEEKING RESIDENCE THROUGH WORK THROUGH THE LABOR CERTIFICATION PROCESS:
An employer or a prospective employer may petition for a foreign national worker through the labor certification process if a able willing and qualified US worker cannot be found.
The local department of labor will issue a prevailing wage based on the job title and duties. A course of recruitment must be pursued: Advertisement of the position during the recruitment period must be made, such as placement in newspapers of general circulation or on-line to prove that there are no qualified or available workers. Once the recruitment steps are complete the labor certification is filed, preferably through the PERM web-site.
Some cases are audited if the Department of Labor views the job requirements as restrictive or has other questions about the recruitment.
Upon approval of the labor certification, a preference petition (I-140) is filed. The petition must include evidentiary proof that the employer is able to pay the prevailing wage and that the foreign national has the required experience.
Adjustment of status may be applied for if the priority date is current. Most categories have smaller wait times than in the past – however Indian and Chinese nationals in professional categories, even with advanced degrees, still have considerable wait times.
Labor Certifications are complicated and one misstep can result in a denial. It is important to have the proper legal knowledge behind you. Please call our New York immigration attorney for an evaluation. Our firm has been handling labor certification applications for over fifty years!