WHAT IS
LABOR CERTIFICATION?

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A person seeking to permanently enter the U.S. workforce through employer sponsorship is not admissible unless the Department of Labor certifies that he or she will not displace nor adversely affect the wages and working conditions of U.S. workers who are similarly employed. The employer must file an application with DOL establishing that both of these criteria have been met.

The application form: The application (DOL form ETA-750) consists of two parts: Part A which describes the job offered, the minimum job requirements, and the salary, and Part B which describes your experience and education.

The labor certification application is filed with a state employment security agency (SESA) which reviews the application for completeness, dates it, and assesses whether the wage being offered and the designated requirements are appropriate. Based on this review, the state office instructs your employer how to go about recruiting U.S. workers.

Recruitment: There are three basic components to recruitment. First, the employer must place a job order with the SESA for at least 30 days. Second, the employer must post a notice at the worksite for at least 10 consecutive business days, notifying existing employees of the job opportunity. Third, the employer must advertise in a medium that will publicize the offer of employment -- three days in a local newspaper of general circulation or once in an issue of a journal that reaches persons seeking job opportunities in a particular occupation or profession. It is the government, not the employer, which designates the appropriate publication. Employers must notify bargaining representatives (or, if there is no bargaining representative, the workforce at large, through a conspicuous posting) of its intent to apply for a labor certification.

The administrative machinery: The SESA forwards the labor certification application to a certifying officer in the regional office of DOL. The certifying officer may approve the application, request more information, or issue a Notice of Findings that flags defects in the application and provides the employer with a 35 day grace period to cure.

If the application is approved, the position is certified and the certification valid as long as the job is available. Once the labor certification is approved, your employer should immediately submit a visa petition to the INS on your behalf. This petition should document that your employer has the ability to pay you the prevailing wage and that you have the education and skills necessary to perform the employment. Only after INS approves such a petition may you apply for permanent residence.

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