The Role of Labor Certification in Employer Sponsorship

Labor certification plays a pivotal role in the employer sponsorship process, forming the foundation upon which a foreign national's permanent residence application is built. The process ensures that the hiring of a foreign worker is justified and beneficial to the U.S. labor market. Employers must adhere to the following steps:

• Justifying the Need for a Foreign Worker: Employers must establish that the job offer is genuine and that there are insufficient available, qualified, and willing U.S. workers to fill the position.
• Protecting U.S. Workers' Wages and Conditions: The labor certification confirms that the employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers in similar roles.
• Prevailing Wage Determination: Employers must pay the foreign worker at least the prevailing wage for the occupation in the area of intended employment, which is determined by the DOL.

Strategic planning and thorough documentation are key elements that a lawyer can provide to employers during this process, ensuring that all legal criteria are met and the application is robust against DOL scrutiny.

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