For certain employment-based immigrant programs, before an employer can submit a petition to the U.S. Citizenship and Immigration Services (USCIS) that employer must obtain a Labor Certification from the U.S. Department of Labor (DOL). The purpose of the Labor Certification process is prove that there are no U.S. workers available to fill the position for which the employer seeks to hire a foreign national.
During the Labor Certification process, the employer must advertise the position, making a good faith effort to hire a U.S. worker, and must document these recruitment efforts carefully.
U.S. immigration law also imposes strict rules regarding the timing of the recruitment steps together with the applications and supporting documents that must be submitted to DOL and/or USCIS. If any aspect of this process is done incorrectly or outside of the required time limitations, the entire process can be undermined.
If you are interested in hiring an employee using a visa program that requires a Labor Certification, or if you have questions regarding this important aspect of U.S. immigration law, you can contact our immigration attorneys here.