Labor Certification is usually required if an employer wants to hire a foreign worker. It may be considered an equivalent to a Canadian Labor Market Impact Assessment. The idea behind this is to show that local workers are not losing an employment opportunity due to the employer hiring a foreign worker instead of the local resident.
Labor Certification proves that there are no qualified U.S. residents that may take on the position being offered. The Labor Certification usually comes in place when an employer is trying to hire someone on a permanent basis.
An application for Labor Certification is submitted to the Department of Labor (DOL). The employer basically has to state that he or she has made extensive efforts to recruit an American resident, and they did not have a choice but to extend the job offer to a qualified foreign national.
Labor certification is usually the first step in the process of hiring a foreign worker. In order to get the labor certificate approved,
- The employer would have to display his recruitment efforts, and
- Show that he or she will be offering DOL approved wages to the employee.
- The employer could also argue that it’s a bono fide requirement to hire a foreign worker.
It is important that DOL is satisfied with your recruitment efforts. The process to hire a foreign worker and filing a Labor Certificate application can easily become overwhelming.
We can help! We have years of experience in dealing with such matters and know how to get the job done right. You may contact us and our team of professionals will be happy to assist you!