Labor certification

A permanent foreign labor certification from the Department of Labor (DOL) allows U.S. employers to hire foreign workers to work permanently in the United States In most cases, before the United States. Employer can submit an immigration petition to the United States Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification application from the Department of Labor, Employment and Training Administration (ETA). A foreign labor certification certifies that the employment of foreign nationals does not displace or adversely affect the wages and working conditions of United States workers (US citizens and lawful permanent residents) who are employed in the same way. To obtain a labor certification the employer must submit ETA form 9089, Application for Permanent Employment Certification, with the Department of Labor stating that both of these criteria have been met. The foreign labor certification is a requirement for United States employers seeking to hire any:

  • Certain individuals whose immigration to the United States is based on job skills.
  • Temporary nonimmigrant workers who come to perform certain jobs where no skilled workers are available in the United States.

Certain types of work qualify under the permanent labor certification process:

  • Full-time and permanent for which the employer is willing to hire an available qualified U.S. employee.
  • One where an employer-employee relationship exists, evidenced by the employer’s ability to hire, supervise, and offer payment to the employee.
  • Wherein, job duties are typically consistent with those defined in the Dictionary of Occupational Titles and are generally required for work in the United States
  • One where hiring requirements conform to Department of Labor data for standards generally experience and education common to the occupation and industry.
  • One that does not fit the qualification of foreign workers.
  • One that does not include requirements for a language other than English, without written justification.

Foreign Labor Certification certifies that the employment of foreign nationals does not displace or adversely affect the wages and working conditions of United States workers (US citizens and lawful permanent residents) who are employed in the same way. To obtain a labor certification the employer must submit ETA form 9089, Application for Permanent Employment Certification, with the Department of Labor stating that both of these criteria have been met. In order to obtain the foreign labor certification, the employer must meet the following requirements:

  • The employer must have a good faith offer of full-time and permanent jobs for the foreign worker.
  • Job requirements must meet what is routinely needed for the occupation in the United States and cannot be tailored to the worker’s qualifications. In addition, the employer shall document that the job opportunity has been and is to be described without unduly restrictive job requirements, unless properly documented as arising out of business need.
  • The employer must pay at least the prevailing wage for the occupation in the area of ​​employment.
  • The employer must certify that the U.S. workers applying for the job were rejected for legal work-related reasons.
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