Labor Certification- Legalizing you as a Worker
|By: Foreign Degrees | Mar 4 2013 | 400 words | 1031 hits|
Immigration to the United States of America is done through a limited number of ways, immigrating through the family category is the most common. Second most common way is through employment category. The first thing needed to understand is that permanent residency on the basis of employment is meant for a job in the future. Thus it this way of immigration can also be inferred as 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.
Employment category is of varied types through which a person can apply for residency.
The first type of employment category is priority workers. This category encompasses professionals having extraordinary skills in fields such as science, athletics, education and many more, second are professionals holding advanced degrees. Third are skilled and other workers and last are 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.
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. 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 needed to be understood here is that getting labor certification is in no way a guarantee of getting your immigration visa approved. This is because the USCIS looks at various prospects before approving your visa. These prospects are like legal standing, character and others. After receiving immigration visa, the workers receive an immigration number from the United States department f state and then only they become eligible to come to work in United States.
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.
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