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Los Angeles County Attorney

Labor Certification

Labor certification is an immigration process step in obtaining employment based immigrant visa. Its stated goal is to "protect U.S. workers and the U.S. labor market. It is a process for the sponsoring employer to prove that there are no qualified US workers for the position being offered.

Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the numbers of U.S. workers available to undertake the employment sought by an applicant, and the effect of the alien's employment on the wages and working conditions of U.S. workers similarly employed. With Labor Certification DOL certifies to the USCIS both that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job offered the alien at the prevailing wage for that occupation in the area of intended employment, and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Program Electronic Review Management

In March 2005 a completely electronic labor certification system, PERM (Program Electronic Review Management) came into use. PERM is intended to reduce labor certification times to less than 60 days. Ironically, however, PERM may be creating as many backlogs as it is intended to solve making this process even more intricate.

Immigrant Petition for a Foreign National Worker:

Before a U.S. employer can file an immigration petition for a foreign worker with U.S. Citizenship and Immigration Services (USCIS) in most EB-2 and EB-3 positions, the employer must first obtain an approved labor certification from the Department of Labor (DOL).

The employment-based preference categories that require PERM labor certification are EB-2 (other than a National Interest Waiver) and EB-3. B The employment-based preference categories that require PERM labor certification are EB-2 (other than a National Interest Waiver) and EB-3.

Services that Warner Law Center Provides for Labor Certification

Obtaining a Labor Certification can be a complicated and lengthy process. Before beginning your PERM Labor Certification petition, we review your situation and evaluate all the alternative immigration options available to you. If PERM and EB-2 and EB-3 are not the best options, there may be others that avoid the Labor Certification procedure entirely. For example, NIW and EB-1 does not require a DOL certified labor certificate application. Please be reminded you and your sponsoring employer may petition in two or more categories, provided you meet each category's requirements.

When WLC is retained for the Labor Certification process we begin communicating with sponsoring employer and the prospect foreign national employee to collect relevant information and documentation. We review and analyze job requirements, the foreign national worker's qualifications and we explore potential issues relating to job description, qualification requirements, education, experience, etc. Resolving such issues, we then proceed to obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC). We advise the employer on legal procedures applicable to the job recruitment process, based on the Department of Labor's rules and guidelines including job postings, newspaper advertisements, and we work with the employer on conducting other applicable recruitment activities. We also provide the legal guidelines and clarifications for the employer on screening and interviewing applicants. When all DOL recruitment requirements have been complied with and satisfied, we file an online Application for DOL Labor Certification. Upon receipt of DOL certification we file with USCIS the Petition for Immigrant Visa Worker either for consular processing or concurrent filing for Adjustment of Status, depending on whether the applicant is in the United States or residing outside US.

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