Labor Certification

Understanding Labor Certification

Labor Certification, also known as PERM (Program Electronic Review Management), is a crucial step in the employment-based immigration process for individuals seeking to obtain lawful permanent residence (green card) in the United States through employment. It is a certification issued by the U.S. Department of Labor (DOL) confirming that there are no qualified U.S. workers available to fill a specific job position, and therefore, an employer may proceed with hiring a foreign worker for the job.

Purpose of Labor Certification

  • Protecting U.S. Workers: Labor certification’s primary purpose is to protect the job opportunities and wages of U.S. workers by ensuring that foreign workers are only hired when there are no qualified U.S. workers available for the job.
  • Promoting Fair Labor Practices: Labor certification helps promote fair labor practices by requiring employers to demonstrate that they have made a genuine effort to recruit U.S. workers for the job before seeking to hire foreign workers.
  • Facilitating Employment-Based Immigration: Labor certification serves as a prerequisite for certain employment-based immigrant visa categories, providing a pathway for foreign workers to obtain lawful permanent residence in the United States based on their employment qualifications and skills.

Why RAM Law Firm for Labor Certification

At RAM Law Firm, we understand the complexities and nuances of the labor certification process and its importance in achieving your immigration goals. Here’s why you should choose us to assist you with your labor certification needs:

  • Expertise in Immigration Law: Our team of experienced immigration attorneys specializes in employment-based immigration law, including the labor certification process. We have a deep understanding of the legal requirements and procedures involved, ensuring that your case is handled with precision and accuracy.
  • Strategic Approach: We take a strategic approach to labor certification, working closely with employers and foreign workers to develop comprehensive recruitment strategies and documentation that meet DOL requirements and maximize the chances of approval.
  • Diligent Representation: From preparing and filing the labor certification application to responding to DOL inquiries and navigating any potential challenges, we provide diligent representation every step of the way, ensuring that your interests are protected throughout the process.

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Frequently Ask Questions

  • What is the role of the U.S. Department of Labor (DOL) in the labor certification process?

    The DOL oversees the labor certification process and is responsible for ensuring that employers comply with recruitment and advertising requirements and offer competitive wages and working conditions to both U.S. and foreign workers.
  • How long does the labor certification process take?

    The processing time for labor certification applications can vary depending on factors such as the backlog of applications at the DOL and the complexity of the case. On average, it may take several months to over a year to receive a decision on a labor certification application.
  • What are the recruitment and advertising requirements for labor certification?

    Employers are required to conduct recruitment efforts to test the U.S. labor market before sponsoring foreign workers for employment-based immigrant visas. This may include advertising the job opening in specified venues and documenting the recruitment process.
  • Can an employer appeal a denial of a labor certification application?

    Yes, if the DOL denies a labor certification application, the employer can appeal the decision to the Board of Alien Labor Certification Appeals (BALCA) within a specified timeframe. An experienced immigration attorney can assist with the appeals process.
  • What happens after labor certification is approved?

    Once labor certification is approved, the employer can proceed with filing an immigrant visa petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. If approved, the foreign worker may apply for permanent residency in the United States.
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