What You Need To Know About Labor Certification
Immigration to the United States of America is done through a limited number of ways, immigrating through the family category is the most common. Employment is the second most common way. The first thing to understand is the fact that permanent residency by employment is desired for a job in the future. Hence, this is a prospective position.Thus, this implies that there can be a situation in which an employee works for an employer who is different from the employer who had petitioned for his residency.Once the foreign labor certification is filled, the U.S. departments of labor certify, deny or audit the case as per the requirement and follow it up with adequate steps. When a foreign labor certificate is obtained through an employer, they have to help the future workers in employing for immigration visa from USCIS. What is always needed to be known and comprehend here is that acquiring labor certification is in no way a guarantee of obtaining your immigration visa approved because the USCIS looks at various prospects before approving your visa. So, you will be in a position of legal standing.
Employment category is of varied kinds by means of which a person can apply for residency.
The first type of employment category is priority workers. This area covers professionals having extraordinary skills in fields such as science, athletics, education and much more; second are professionals holding advanced degrees. Third are the skilled and last are those that are being treated as special immigrants. Till date, the most favored categories by the prospective immigrants have been the professionals with advanced degrees and skilled worker categories. With few exceptions, the employer will have to examine the U.S. job market to show it to the U.S. Department of Labor that for the given work there is no skilled U.S. worker available in the given geographical area. The employer will have place advertisements in various media and will have to apply for labor certification with the U.S. department of labor within 180 days of placing the first advertisement.
When the foreign labor certification is filled, the department of USA certify, deny or audit some case according to the requirement and follow it up the adequate process. Once a foreign labor certificate is acquired by the employer, they have to help the prospective workers in applying for immigration visa from USCIS. What is required to be understood here is that obtaining here is that obtaining labor certification is in no way a guarantee to accomplish what you really want because while it is still under review, there is still a chance. If you are an employer, you need to follow these steps very carefully without ignoring any detail. This would save you from any kind of complications in future.