How do I obtain a labor certification?

In the state of Washington, obtaining a labor certification is a lengthy process and requires the employer to demonstrate that there are no available American workers who are capable of performing the job in which foreign labor is needed. Depending on the type of occupation for which the labor certification is sought, the employer may need to demonstrate that the wage rate offered meets or exceeds the prevailing wage rate for the occupation in the area of intended employment. The employer must also show that employment of the foreign worker will not adversely affect the wages and working conditions of other workers in the same occupation in the area of intended employment. The initial step for obtaining a labor certification is for the employer to file a Form ETA-750 with the Employment and Training Administration (ETA) in the U.S. Department of Labor (DOL). This form includes information about the employer, the job, and the prevailing wage. Once the form is submitted, the DOL will review it and determine if it meets the labor certification requirements. If the form is approved, the employer can proceed with the state-level process of obtaining a labor certification by submitting the approved form to the Washington Employment Security Department. The Washington Employment Security Department will then conduct a survey to determine if there is a qualified American worker to fill the job opening. After conducting the survey, the Washington Employment Security Department will issue a certified labor certification, which serves as evidence that the job cannot be filled by a qualified U.S. worker. The employer must then file an immigration petition with the U.S. Citizenship and Immigration Services to obtain permanent resident status for the foreign worker. The labor certification is an integral part of the immigration petition and will be taken into consideration when making the decision whether or not to grant the foreign worker permanent resident status.

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