Employee Issue:

Immigration

Foreign workers can receive green cards to the Unites States only if their potential U.S. employer can prove that no American worker is willing, qualified and able to take the job. This process is commonly known as labor certification.

First, the employer must approach the state workforce agency and request a prevailing wage determination, which indicates how much is normally paid for the type of job. Next, the employer can start recruiting for the job in the United States. The Department of Labor has certain rules for recruiting, such as having newspaper ads appear on two different Sundays.

If after recruiting the employer did not find a qualified, willing and able American, it can submit the labor certification application to the Department of Labor. The application includes completing a 10 page form found on the Department of Labor’s website. A decision on the labor certification will be made between 45 to 60 days.

If the labor certification is approved, the employer must file a visa petition on the United States Citizenship and Immigration Services Form I-140. After the visa petition is approved, the immigrant must apply for a green card, either through an adjustment of status or consular processing.

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