Wednesday, 6 January 2016

Major Requirements of US Labor Certification?

The United States of America’s green card (permanent residency) on the basis of employment is a dream of many. This aim fuels the hopes of many who wish to live the American dream.

But in order to get the green card one has to apply under the labor certification program and if the application is approved by the Labor Department, only then an immigrant can become a permanent American resident.

However, owing to numerous immigration laws and regulations, this process is quite complex.
These complexities increase the chances of making mistakes in the application process. This is why many candidates reach out to immigration law firms for help regarding labor certification program.

If you are opting for the Department of Labor's (DOL) labor certification program, then you should be aware of its essential requirements. They are listed below.

  1. Your employers must have labor certification approval from the U.S. Department of Labor (DOL).

  1. For several occupations, candidates require a bachelor's or a higher degree. If applying under a certain category, candidates need to ensure that they have the requisite qualification.

  1. The Department of Labor will approve employer’s labor certification application with a validity period of 180 days. The employer has to submit their application to USCIS within this period.

  1. Candidates also need to submit Form I-693 Report of Medical Examination and Vaccination Record, which should be completed by a designated civil surgeon.

  1. Employer must have enough funds to pay the wages of the foreign national.

There are some other factors that have an impact on the approval of an application. For example, a candidate is only considered for job based permanent residency only if there are no qualified and available American workers for the offered position.

Even if the foreign national has a higher qualification than the US citizen, a qualified US worker is always given precedence. This is why the job opportunity in question should be open to any qualified U.S. citizen. If no American national applies only then foreign nationals are considered for the job.

However, if you are already living and working in the United States with a valid visa, then you can become a permanent resident with the adjustment of status. Knowing the aforementioned information will help increase the chances of application approval from the authorities.

Nevertheless, if the process becomes too complex, then employers should get legal guidance from the best immigration law firm. These professionals can help employers in perfecting their case, so that the DOL accepts their application for labor certification.

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