EXPERIENCED LAWYERS FOCUSED ON

The labor certification process is an extensive undertaking, with many requirements having to be met by the DOL. Essentially, the employer is required to prove that they are not depriving any United States worker of a job by hiring an employee from out of the country.

The labor certification process includes:

• Application: The employer files a petition for the Labor Certificate with the appropriate agencies. This form provides an in-depth description of the job, as well as detailed descriptions of what the qualifications for the job are.
• Review: The agency reviews the application and may request that the employer make revisions if certain standards are not met, such as reasonable job requirements or reasonable wages.
• Recruiting: The employer must undergo a rigorous recruiting process where they advertise and interview for the position and carefully record all details of the process.
• Submission: The employer must submit the results of the recruiting campaign to the agency with a detailed outline of why the applicants they interviewed were not right for the job. These reasons are scrutinized thoroughly by the DOL, especially if unemployment in America is high.
• Decision: The DOL will approve the labor certification application if they agree that fair recruitment efforts were made and that no United States workers were available to fill the position.

The waiting period for these cases typically varies from state to state. In some cases, the process might only take six months and in other cases, it could take up to three years.