When is a labor certification required?
A labor certification is required when an employer wishes to hire an employee who is not a U.S. citizen or lawful permanent resident (green card holder). This certification is a process that involves the Department of Labor and U.S. Citizenship and Immigration Services. The employer must prove to the Department of Labor that they cannot find a qualified U.S. worker who can do the job in question. The employer must also show that the foreign national they are attempting to hire will not adversely affect the wages and/or working conditions of U.S. workers. In Washington, the employer must submit an application to the Department of Labor that includes an attestation of the job description, recruitment efforts, and the wages that the employer is offering to the foreign national. The application must also include information about other U.S. workers that have applied for the job and a summary of the employer’s recruitment efforts. Once the application is approved by the Department of Labor, the employer must then submit the certified labor certification to U.S. Citizenship and Immigration Services. Only after the labor certification application is approved by both the Department of Labor and U.S. Citizenship and Immigration Services is the employer allowed to proceed with the foreign national’s application for a visa or other work authorization. Without this labor certification, the foreign national may not be eligible to work in the United States.
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