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Why do employers need a labor certification?

Last week's post discussed the importance of a Green Card, a document that entitles the holder to work and reside legally in the United States. There are several ways of getting a Green Card, including through family relationship or special categories such as asylum-seekers and crime victims. One of the most common methods is by becoming employed in the country.

A labor certification is essential for getting Green Card through employment. A labor certification requires an American employer to demonstrate that there are no qualified or minimally qualified workers in the country to perform the job for which the individual in question is getting hired. The person must be hired as a full-time employee in a permanent position. The employer must specify reasonable educational and experience qualifications for the job in question. They cannot seem to be made specifically for the relevant employee.

The Secretary of Labor provides the labor certification. American employers must attest to how many people are available in the country to perform the job the applicant is going to do and also outline the effect the immigrant employee's employment will have on the working conditions and wages of those working in similar positions in the country.

Obtaining an employment-based visa can be complicated and require a lot of paperwork to complete. However, this should not deter those who have been offered the opportunity to work in the land of opportunity. Those struggling with understanding the requirements of working in the US may want to consider consulting an experienced attorney.

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