Labor Certification

Labor certification (not to be confused with the Labor Condition Application - LCA) is a United States of America immigration process step. Its stated goal is to "protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers".

There are several options available to US employers who wish to hire foreign, non-immigrant workers on a temporary but long-term basis: H-1B visas, L-1 visas, TN status and other options. These temporary options are often sufficient to meet the needs of employer and employee. When a US employer wishes to hire the services of the foreign worker on a permanent basis, however, a complex sponsorship process for the green card begins, a process that can take years. Generally (although not always) the first step in that process is labor certification. Labor certification is a process of proving that there are no qualified US workers for the position being offered. If there are qualified US workers - in fact, even generally speaking if there are even minimally qualified US workers - then the foreign worker cannot be offered the position on a permanent basis. This does not necessarily mean that the foreign worker will be immediately replaced by a qualified US worker, though. The foreign worker can still serve out the remainder of their existing US temporary visa, and may well be able to re-apply for labor certification and be approved. But it does create a substantial inconvenience for the US employer who wishes to hire a foreign worker, which does provide some protection to US workers, although the process is controversial.

Read more about Labor CertificationReduction in Recruitment, Program Electronic Review Management, Controversy

Other articles related to "labor certification, labor, labor certifications":

Labor Certification - Controversy
... As with many immigration procedures, labor certification tends to be controversial ... that only foreign workers who truly have skills needed by the US labor market and not readily available locally are hired ... description so that that foreigner is the only person who could possibly be hired - thus gaming the labor certification process to guarantee a favorable outcome ...
Permanent Residence (United States) - Application Process - Application Process For Employment-based Visa
... Immigrant petition – the first step includes the pre-requisite labor certification upon which the actual petition will reside ... Labor certification – the employer must legally prove that it has a need to hire an alien for a specific position and that there is no minimally qualified U.S ... The date when the labor certification application is filed becomes the applicant's priority date ...
H-1B Visa - Evolution of The Program - American Competitiveness in The Twenty-First Century Act of 2000
... Department of Labor's PERM system for labor certification erased most of the earlier claimed arguments for H-1Bs as indentured servants during the green card process ... With PERM, labor certification processing time is now approximately 9 months (as of Mar 2010) ... In some cases, if those labor certifications are withdrawn and replaced with PERM applications, processing times improve, but the person also loses their favorable priority date ...
Priority Date
... an immigration petition is filed, or when United States Department of Labor receives a labor certification application in categories where labor ... can complete the entire process, from labor certification to receiving the green card, in as little as four months (in a best case scenario), if ... Bachelor's degree can expect to wait years after filing the labor certification and immigrant visa petition to become eligible to file the final application for the green card itself ...

Famous quotes containing the word labor:

    A higher class, in the estimation and love of this city- building, market-going race of mankind, are the poets, who, from the intellectual kingdom, feed the thought and imagination with ideas and pictures which raise men out of the world of corn and money, and console them for the short-comings of the day, and the meanness of labor and traffic.
    Ralph Waldo Emerson (1803–1882)