How do I acquire permanent labor certification?

Earning permanent labor certification in the United States is a process that has various requirements depending on the program in which the subject is working. The Department of Labor (DOL) oversees these programs and the issuance of labor certifications. It is the responsibility of the employer, not the employee, to file applications for permanent labor certification.

When a permanent labor certification is issued by the DOL, it allows a foreign employee to be hired full-time by an employer for permanent work in the United States. Prior to the certification being issued, the DOL must be able to show that there are not enough workers in the country already who are skilled, able, trained and qualified to accept employment from the company wishing to hire a foreign worker.

The DOL must also ensure that the hiring of a foreign worker for permanent work in the United States would not negatively affect the working conditions and wages of U.S. employees working in the same positions.

Once the employer receives approval from the DOL for a permanent labor certification, the employer must file a Form I-140 with the Department of State and the U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security. This form is a petition for an alien worker. Permanent labor certification holds approval for just 180 days and will expire if not submitted to the USCIS within that period.

Are you struggling to obtain permanent labor certification in Nashville? An experienced employment immigration attorney will be able to review your situation and explain how to go about the process correctly in order to succeed.

Source: United States Department of Labor, “Permanent Labor Certification,” accessed Oct. 12, 2017