Labor Certifications
Located in Glendale, California, The Law Offices of Deborah L. Karpetian has represented business clients seeking labor certification for their employees in the United States. We assist nurses and other workers from the Philippines, Mexico, and other foreign countries.
Permanent Labor Certification for the Department of Labor (DOL) is one of the avenues that will allow an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the U.S. Immigration Services Agency (CIS) and the employer must obtain an approved labor certification request (Form ETA 750) from the DOL's Employment and Training Administration (ETA). The DOL must certify to the CIS that there are no qualified U.S. workers available and willing to accept the job at the prevailing wage for that occupation in the area of intended employment. The DOL, in concert with the local State Workforce Agency (SWA), and processes applications for Alien Employment Certification (Form ETA 750). After the labor certification application is approved by the DOL, it should be submitted to the CIS service center with an I-140, Immigrant Petition for Alien Worker.
Qualifying Criteria
- The employer must hire the foreign worker as a full-time employee;
- There must be a bona fide job opening;
- Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
- The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
The employer must complete an application for Alien Employment Certification. The application describes in detail the job duties, educational requirements, training, experience, and other special capabilities the applicant must possess to do the work, and a statement of the prospective immigrant's qualifications. The employer must then submit the application to the State Workforce Agency that is responsible for the specific job location. The SWA notifies the employer of potential problems, including if the minimum requirements for the position are reasonable and job-related, and determines that the wage offered meets minimum prevailing wage standards. They will then work with the employer to develop a job advertisement for placement in either a journal or newspaper of general circulation in the area of intended employment (depending on the nature of the job). The ad must contain a complete description of the vacancy including job responsibilities, duties, salary, and minimum qualifications (education, training, and experience). The employer must interview all candidates who apply and meet the position requirements.
If you have questions or concerns regarding Labor Certification, contact us today for a consultation. Let our Los Angeles labor certification attorneys assist you.
