Immigration Attorney Jessica Meng

Immigrant Visa Petition Through Labor Certification
Labor certification is the first step used by most aliens through employment-base to get permanent residency status. Labor certification is intended to assure that the employer is not seeking to employ a foreign national permanently when qualified U.S. workers are willing and available to fill the position, and that employer has not offered wages or working conditions to the foreign national that will adversely affect the wages or working conditions of the U.S. workers. If the labor certification procedure locates any U.S. workers who meet employer’s minimum requirements (education, experience, training, etc.) for the position, the alien worker will not be permitted to obtain his permanent residence.

The U.S. Department of Labor requires the employer to test the local job market and approach the process as if the employer is willing to hire an American worker if one is qualified and available.

The employer must obtain a prevailing wage determination from the state workforce agency (SWA); placing a job order with SWA; placing job ads in two Sunday issues of a major newspaper in the region, or if the position is a professional one, to place one ad in Sunday paper and another in a professional journal; posting an internal job notice at a public place on the employer’s business premises for consecutive ten business days; and conducting any three of the following recruitment steps if the position is a professional job: (1) participating in a job fair; (2) posting job opening on the employer’s website; (3) advertising on a job search web site other than the employer’s; (4) conduct on-campus recruiting; (5) recruiting / advertising through trade or professional organizations; (6) recruiting through private employment firms; (7) recruiting through an employee referral program (if it includes identifiable incentives); (8) posting notice of job opening at a college campus placement office (if the job requires a degree but not any experience); (9) advertising in local and ethnic newspapers (to the extent they are appropriate for the job opportunity); and (10) placing radio or TV advertisements.

The employer must also evaluate the resumes, if any, received from applicants (conducting interviews when necessary) and determining if an applicant is qualified according to the job duties and other requirements.