The United States is known for its diversity and its citizens are known for having many different levels of education and professions. However, every once in a while a company will not get any qualified applicants for a certain position. When this happens, a company may look for talent outside of the country.
The first thing a company must do when they want to look outside the country for employees is to go through a labor certification process in which they will prove that there are no American citizens who are qualified for the job.The labor certification process goes through the Department of Labor. The Department uses the Program Electronic Review System which has actually streamlined the process and made it faster and simpler.
A company must document all recruitment steps. A company should have a thorough and quantifiable process for selecting employees in order for the certification to go smoothly. If you are attempting to hire a foreign worker, it is helpful to know the steps that you will have to go through during the labor certification process.
1. Employer Prepares a Job Description
You must describe the job and its qualifications at this stage. You should take your time with this and go into great detail.
2. The DOL Gives the Employer Wage Determination
This is the only stage where the DOL will be directly involved before you turn your paperwork in. This process can take several months. You will need to use the Foreign Labor Application Gateway (Flag) to make the initial request. You should know that it is a relatively new system, and you may experience some delays. It is always in your best interest to wait for the DOL to make a wage determination before you go on to step three, but it is not required.
3. Start Looking for Someone to Fill the Position
Once you start the recruiting process, you will have up to 180 days to file your paperwork. You must then go through a cooling-off period where you wait 30 days before you file your LC. You may not recruit for the position during the cooling-off period.
4. File Your Forms
The fourth step is to file the LC with the Department of Labor. The DOL's processing times are listed on the agency's website. They do process the forms in order of their receipt. The review can take up to six months.
5. The DOL's Decision
If the DOL approves of your Labor Certification, you can continue the Green Card application. If they deny the LC, you will have 30 days to appeal the decision. They may audit the LC. If they do this, you will have 30 days to respond to the audit. This can make the already lengthy process even longer.
Finding an Immigration Attorney
Immigration law is one of the most complex specialties an attorney can have and it takes many years of experience to fully understand a work visa or green card process. The immigration lawyer you select should have a proven track record and a stellar reputation with the state bar.
A successful Labor Certification can not only get you the employee that you want, it can set a person on the path to becoming an American citizen.
