What is labor certification?

Labor certification is a process administered by the U.S. Department of Labor to ensure that employers seeking to hire foreign nationals are not displacing qualified American workers. In California, employers are typically required to obtain labor certification if they are sponsoring an employee for a permanent resident alien status. The labor certification process requires employers to prove that there are no American workers available to do the job for which the foreign national is to be hired. This means that the employer must test the local labor market to confirm that no qualified U.S. citizens or other authorized workers are available or willing to do the job. The employer must also demonstrate that hiring the foreign national will not adversely affect the wages or working conditions of local workers. The labor certification process is intended to protect U.S. workers by ensuring that employers are not hiring foreign nationals to fill positions that could otherwise be filled by U.S. workers.

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