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Introduction: Labor Certificate
Process
Employment based Green Card process start with the Labor
Certification Green card applicant. Employer filing
sponsoring and initiating the Green card process based
on the employment for that applicant need to first get
the Labor Certification from the Department of Labor(DOL).
This is the first step in the green card process.
A Labor Certification is a document issued by the Department
of Labor (DOL) that allows your employer to file an
employment-based immigration petition on behalf of you
(the alien). It is the first step in the Green Card
process. In the Labor Certification process, your employer will
have to prove to the DOL that they were unable to find
a suitable candidate for the job position in the domestic
market. They will have to go through a rigorous process
where they advertise for your position, carry out interviews
and screening procedures and complete other formalities
related to recruiting. Finally, your employer will file
an application with the DOL stating that their efforts
were not rewarded and they were unable to find a suitably
qualified and experienced worker. As a result they wish
to sponsor you (the foreign worker) for permanent residency
since you have the required qualifications and expertise.
They will also have to show the DOL that in employing
you, they are not depriving any domestic worker (American)
of a job. There are a number of other restrictions on
the employer. Remember: Green card Labor Certificate is not the same
as Labor Condition Application. Labor Certificate is
for Green Card applicants while Labor Condition Application
is for H-1 applicants.
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What are the steps in the Labor
Certification Process? The Labor Certification Process can be divided into
the following steps: 1. Application: The employer files the Labor
Certification petition with the appropriate State Employment
Security Agency (SESA) or State Workforce Agency (SWA).
(The SESA of different states have different names.
For instance, the California Employment Security Office
is called Employment Development Department (EDD)).The
application form is DOL Form ETA-750. Information on
this form gives detailed description of the job profile,
educational qualifications, training and experience
required for the applicant to be deemed suitable for
the position. There will also be a statement of your
(the prospective immigrant's) qualifications.
2. Review: The SESA date stamps the application
- this is the "priority date" for the case.
The SESA then reviews the application and may request
modifications. They will notify your employer of potential
problems, including whether the minimum requirements
for the position are reasonable and determine that the
wage offered meets minimum prevailing wage standards.
3. Recruiting Campaign: Your employer will now
begin a recruiting campaign, closely supervised by the
SESA. Advertisements detailing company requirements
are placed in newspapers and publications. All applicants
who meet the requirements have to be interviewed.
4. Results Submission: Your employer will submit
a detailed report of the recruiting campaign to SESA.
The report includes proof that advertisements did indeed
run in newspapers and it should justify the reasons
for rejection of all (or any) of the applicants. The
DOL checks these reasons closely, especially at times
when domestic unemployment levels are high. According
to the DOL, a US worker who meets the minimum posted
requirements should be offered the job ahead of an alien.
The SESA evaluates the report and forwards all information
to the DOL.
5. Final Decision: If the DOL agrees that no
US workers are available to fill the position based
upon fair recruitment efforts, they will approve the
labor certification application. The DOL may deny a
labor certification if they find the recruitment efforts
were unfair or that US workers were disqualified for
reasons that were not objective or did not meet the
good faith requirements of the law.
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How long does the Labor Certification
Process take? The Labor Certification Process usually differs from
state to state. Each state has its own wait period,
depending on the number of pending cases. On an average,
this process can take between six months and three years.
You can check Processing times here.
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What is the Reduction-in-Recruitment
process? The Reduction-in-Recruitment (RIR) is a fast track
version of the conventional Labor Certification Process.
Your employer must request RIR processing at the time
of submitting the ETA-750 form. In the conventional
process, your employer submits the application and then
makes recruiting efforts supervised by the SESA. In
the RIR process, your employer must document that they
have engaged (within the last six months) in a pattern
of recruitment with the intention to hire US workers,
but have been unsuccessful. The pattern of recruitment
may vary depending on the nature of the occupation being
requested and the labor market at the time of the job
search. However, the minimum is one print advertisement
and evidence of other actions taken to search the labor
market, these may include use of Internet, participation
in job fairs, and other similar activities.
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Differences between conventional
and RIR processing. In the RIR processing, the DOL focuses more on finding
a pattern of recruitment than on the recruitment campaign
alone. This means that the DOL is less concerned with
explanations of why US workers were found unqualified
or rejected for the position. The RIR procedure can
reduce the decision making time on a labor certification
from years to months (depending upon the area of the
country and current backlogs at the DOL). If advertising
has been extensive for the position then this is a good
alternative procedure to the conventional labor certification
process.
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General FAQ
How long is a Labor Certificate valid?
Once granted, a Labor Certificate has no expiration
as long as the job for which it is approved is still
available.
Does an approved Labor Certificate allow you the
legal right to work in the US?
No. An approved Labor Certificate only allows your
employer to move forward with the Green Card process.
It does not give you legal status or the right to
work in the US.
What will happen if you change jobs during the
Labor Certification process?
Changing jobs will not affect your Labor Certification
process provided your previous employer agrees to
continue the Labor Certification petition on your
behalf. Since the employment based green card process
is future job based.
- Back to Top - Who does not need a Labor Certification? Immigration petitions in the following categories do
NOT require a Labor Certification:
- All Family-Based immigration petitions.
- Company Intra transfer Manager and executives ( L1A
visa holder)
- Aliens with Extraordinary Abilities, Outstanding
Researchers/Professors, and Intra-Company Transferees
for Multinational Executives (EB-1)
- NIWs or National Interest Waivers (EB-2)
- Investors (EB-5)
- Back to Top - Resources Employment & Training Administration's State contacts
and resources: www.doleta.gov/regions/ United States Department of Labor website: www.dol.gov Form
ETA-750 - Back to Top -
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