Labour Certificate
Everyman dreams to live in a perfect world where everything is close to their grasp. Citizen of the different country earns different rights on basis of the country that they are staying. Developed countries ensure better lifestyles and better livelihood. That’s is why people choose a handful of ways to be permanent citizens by achieving green cards. A labor certificate is one of the ways to earn this green card of the United State of America to be a permanent resident of the country through an appeal of an American employer. This is the most common and easiest way to achieve employment-based permanent citizenship. Labor certification is the claim of a position the applicant is applicable and that very position has a shortage of employees inside the country he is applying to. The Department of Labor certifies on evaluating the applicant’s petition based on this that no worker or employee inside the country is eligible, willing, and available to take the job on contrary to the wage prescribing or geographical location preference. The labor certificate dictates that hiring an employee outside of the country possesses the same qualification and had no negative impact on the market.
Eligibility
Labor certification allows an employer to petition for an immigrant worker on board. In doing so the employer has to make sure that no party inside the country is interested to take the job and immigrant employment will not affect the market. Followings are followed by an employee in case of a labor certification application to be eligible:
- Full-time jobs: The job type on contrary to which labor certificate is given must be a full-time job. No part-time job candidate will receive a labor certificate.
- Permanent jobs: A labor certificate shall be attained by the permanent employee working for a company. One who has joined for a temporary period will be void for a labor certificate.
- Fit to job requirements: The educational and experience background must fit the job position. Any infringement on requirements background will not be applicable for labor certificate.
- Wages: Employer has to make sure that wages provided to the hiring employee are equal or higher in the market to the same worker working inside the country.
Procedure
Labor certification is a clearance that allows the employer to hire an employee on immigrant and pass a green card for that particular permanent job with aid of the Secretary of Labor. The certification kicks off the process of hiring an immigrant employee. To start this process the employer has to conduct a test in the market if an eligible and willing employee exists to take on the job as the employer prescribed wages, location, and others. If not then the employer can apply for labor certification to hire an immigrant on a permanent job that fits the position of the company. The employer needs to apply these procedurals:
- An application needs to files in the nearest State Employment Security Agency or State Workforce Agency. All descriptions about job position, preference, and requirements are registered in the form.
- After submission of an application authority will review it if it fits to proceed. Any necessary changes that have to be applied are suggested by the reviews also they check if the employee receives wages and other conditions as the employer promised.
- A campaign will be arranged by the employer to find the right person to hire for the job. All applicants applying for the job position can attend this campaign and be interviewed in the future.
- The campaign outcomes are observes retained by the Department of Labor. They ensure that a countryman gets the job as required on the first hand. If the campaign results in no participation from inside the country for the job, the employer is granted hire from an immigrant as a permanent employee.
- All the documents necessary for recruitment must be provided within 30 days of request submission if the employer’s petition is granted and auditing is called.
Documents:
- A market analysis that no local person is available for the jobs.
- Job orders
- Job requirements meet proof
- Advertisement proof of campaign
- Employer audit file
- Immigrant petition
The labor certificate has a life of 180 days. After labor certification is granted employer files an immigrant petition before the validity of the labor certificate expires which provides an employer the power to hire an immigrant member as an employee of the job suitable for the company. The employee will receive a green card declared as a permanent citizen of the country. It is the employer who takes care of the procedures to the green card procedure of the employee who will be hired in the company job.