Legal Requirements for Employers Seeking Certification

Employers seeking to obtain a permanent labor certification for a foreign worker must meticulously follow a series of legal requirements set by the DOL. These requirements are designed to protect U.S. labor by ensuring that the employment of foreign workers supplements the U.S. workforce in a fair and equitable manner:

• Engaging in Bona Fide Recruitment: Employers are required to undertake a genuine search for U.S. workers, using industry-standard recruitment practices.
• Wage Compliance: The offered wage must not only meet the prevailing wage but must also be the actual wage paid to other employees in similar positions with similar qualifications.
• Record-Keeping: Employers must maintain detailed records of the recruitment process for five years, including the resumes of all U.S. applicants and the lawful reasons for their rejection, if applicable.

Understanding and complying with these requirements is critical for employers. A misstep in following these legal mandates can lead to the rejection of the labor certification application, or worse, legal repercussions for the employer. Legal counsel from a knowledgeable permanent labor certification lawyer can prevent such outcomes by ensuring that every step of the process is compliant with the regulations.

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