Foreign Labor Certification

Although outsourcing to another country has become a popular method to reduce costs, businesses can also hire foreign workers to come to the United States to perform specific tasks. This may be due to special skills or training that the foreign employees have, or because there are not enough U.S. workers to perform the tasks. Regardless, it is the employer’s responsibility to petition for foreign labor certification for the new hire so that they can come to the U.S.

People who immigrate to the U.S. as family members of citizens, asylees, students, and in other categories must only apply to U.S. Citizenship and Immigration Services, or USCIS, in order to come to the United States. However, those who apply to work in the U.S. must apply to several different government agencies in order to make sure that they have a legal job as well as legal permission to enter America. This can make the foreign labor certification process complicated and confusing.

First, the employer who wishes to hire a foreign worker to come to the United States is responsible for applying to the Department of Labor for labor certification. The Department of Labor must make sure that hiring a foreign worker will not take jobs from American workers. The employer must prove that American workers are not qualified or not willing to perform the job for the prevailing wage, necessitating a foreign worker.

After the employer receives a foreign labor certificate, they must then help the potential worker apply for an immigration visa from USCIS. A labor certificate does not always guarantee that the immigration visa will be approved since USCIS looks at a broad range of requirements, such as legal standing, character, etc. After the foreign worker receives an immigration visa, they must get an immigration number from the U.S. Department of State. Only then can they come to work in the United States.

If you are an employer who is interested in bringing a foreign national to work in the U.S., it is important that you follow all petition steps correctly so that you can receive full permission to bring the foreign laborer to the U.S. For help in this complicated application process, please contact an Orange County immigration attorney from Garg & Associates, P.C., today.

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