Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigrant petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL). The DOL labor certification verifies that there are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage and that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Requirement for U.S. employers seeking to employ certain persons whose immigration to the United States is based on job skills or nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States. 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.
Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work. The process of labor certification may be very complex. Our New Jersey Immigration Attorneys are here to answer any and all of the questions you may have regarding the process of labor certification.
The process of obtaining an immigrant visa through employment based preference category can be very complex and require the services of an experienced immigration attorney. Contact a New Jersey Immigration Attorney who is ready to answer any and all of your questions regarding Labor Certification. Our New Jersey office is conveniently located in Woodbridge, New Jersey. Call us today at (732) 596-1235 for an in-person consultation.