How to Go Through the Labor Certification Application with An Immigration Attorn

Posted by Berd & Klauss, PLLC on December 7th, 2020

Labor certification is typically the first step to attaining permanent residence based on employment in the US. It is the determination by the US DOL (Department of Labor) that there is no qualified available US worker who is filling to fill that position you are offering in your organization and that the foreign national you intend to hire will not adversely affect the working conditions, wages, and job opportunities of US workers. An immigration attorney in NYC can help you with your application by walking you through the process and making sure that you have all the requirements to attain the labor certification for your intended foreign national.

To get a labor certification, you need to show that you have exerted the right recruitment efforts and that there are no qualified US workers who applied for that job. The process tends to be lengthy, challenging, and cumbersome, especially when used for permanent residency. That’s why it is in the best interests of employers and foreign nationals to work with a green card lawyer to know more about PERM (Program Electronic Review Management), which is DOL’s system for completing the application.

A US worker would typically need to meet only the minimum qualifications for a position so DOL can deem them qualified. In other words, employers must establish that the foreign national is the most qualified for the job and that there are no other US workers who are able to meet the minimum requirements for that position. An immigration attorney in NYC can also keep you up to date with the PERM processing times as of August 2020, so you can file an application in a timely manner or verify the status of any application you might have filed previously.

Getting labor certification on your own can be a daunting experience, but the green card lawyer can help you avoid the guesswork.  Moreover, they can help you understand the requirements and what you can do to ensure a smooth application.

About the Author:

This content is written by Patrick Klauss, Esq, who is an immigration lawyer and a partner at Berd & Klauss, PLLC. The firm specializes in immigration & immigration-related issues and handles everything from immigrant visas to deportation and waivers.