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An approved labor certificate is usually valid for 180 days.

Can I Work For My Employer During The Labor Certification Process?

People who want to work for their employer during the labor certification process need to have independent immigration status. For example, if someone has H-1B status, then they would be able to continue working for an employer during the labor certification process. As long as the person has any valid status, they can work for the company while the labor certification is in process.

Will The Labor Certification Affect My Non-Immigrant Visa Application?

Labor certification does not usually affect a non-immigrant visa application; a person can continue to be in non-immigrant status while their labor certification is pending.

What Happens After My Labor Certification Is Approved?

After the labor certification is approved, the next step is to file the labor petition with the United States Citizenship and Immigration Service. The timing in which that is going to happen will depend on whether there is a visa available or not. There are usually visas available for the EB-3 category, but there is a backlog in which employees have to wait for a visa to become available.

What Is The Difference Between EB-2 And EB-3?

The main difference between the EB-2 and EB-3 is the amount of time that a person has to wait in order to apply for an immigration visa. The EB-2 is normally for employees who have a bachelor’s or master’s degree and more than five years of experience. The EB-3 is for people who don’t have a master’s degree or five years’ worth of experience. In the EB-2 case, a person can usually apply immediately for the immigrant visa. For the EB-3, there is a backlog in which a person may have to wait one or two years before a visa becomes available.

What Is A Department Of Labor Audit?

A Department of Labor audit is when the Department of Labor requests information from the employer to ensure that all of the steps required for the labor certification were completed. They will ensure that the employer actually conducted the advertising and interviews, and that they considered all applicants who sought the position.

The company must be able to show why any applicants who applied for the position were not selected. For that reason, it’s very important that the company keep documentation of their attempts to find someone in the local job market. If the Department of Labor conducts an audit and the employer does not have all of the documentation, then the labor certification will be denied.

How Do I Appeal The Decision If My Labor Certification Is Denied?

If a labor certification is denied, the reasons for that denial should be evaluated. It is necessary to review all the terms and all the requirements that were made in order to see whether or not the appeal is correct. If a person realizes that the appeal is correct, then they should just file a new labor certification. If they feel that the decision is incorrect, then an appeal can be done with the office of the Department of Labor.

What Should I Know About The Labor Certification Process?

The most important thing to understand about the labor certification process is that it is very complicated. There are many requirements, all of which need to be met in order for the labor certification to be successful. If any of the requirements are not done correctly and the government audits the case, then the labor certification will likely be denied. In addition, they may impose penalties on the company for not following the regulations.

For more information on Validity Of Labor Certification, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 306-6921 today.

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