How to get your Green Card Through a Job - Information for current or future employees
The Labor Certification process is a federal program implemented by the United States Department of Labor (USDOL) to meet the labor needs of any employer in the United States who cannot find a US citizen or Lawful Permanent Resident to fill a position. It is a process whereby foreign nationals can have Lawful Permanent Resident status awarded through an offer of full-time (35 hours per week minimum) employment (for one year or more), to commence once the foreign national becomes a Lawful Permanent Resident.
Labor Certification can be used to assist present employees who are either full or part-time, or foreign nationals still abroad. Future employees will begin work once converted to Resident Alien Status (based on an approved Labor Certification); foreign nationals still abroad will come to fill the position once an Immigrant Visa becomes available for them in their category.
The Immigration Attorney’s job is to follow an administrative procedure, set up by the USDOL, to prove that no qualified US workers can be found for the position, and to provide guidance to the employer. The process is virtually time and cost - free for the employer as the Immigration Attorney prepares all of the necessary paperwork. Generally, the foreign national pays all attorney services and fees as described in our fee contract, except when an employer offers to do so.
To allow US citizens a chance to apply for the position, advertising for the position that the alien will fill is required for all Labor Certification applications. If any United States citizen or Lawful Permanent Resident applicant appears to be qualified, then these US workers must be given an opportunity to be interviewed for the position. Potential interviews are set up by certified return receipt mail scheduled at the employer’s convenience, and interview letters are sent out by the attorney’s office. (The sponsoring employer is responsible for conducting all qualified applicant interviews.)
The day that the Labor Certification application is filed with the local State Employment office is called the IMMIGRANT VISA PRIORITY DATE -- from this date the foreign national can begin to count his/her WAITING TIME. Waiting Time means the time that elapses from the date that the Labor Certification is filed, and the date that the foreign national is given an Immigrant Visa. In addition, note that processing times by the State Employment offices vary depending on the state. The USDOL either approves the Labor Certification petition, or very rarely issues an intent to deny letter called a NOTICE OF FINDINGS. If the state finds that an employer has not complied with USDOL regulations, then a Notice of Findings is issued. Upon receipt of the notice, the Attorney will prepare an appropriate response, and help the employer rebut the USDOL’s findings.
Once the application is approved, the employer and the foreign national are notified. To convert a non-immigrant alien to immigrant status involves filing the original approved application with an Immigrant Visa petition at an Immigration and Naturalization Service regional office covering the locality of the employer. Along with the Immigrant petition, proof of the employer’s ability to pay the alien the salary offered on the original application must be filed. INS deems acceptable proofs to be copies of the employer’s income taxes or annual reports from publicly traded corporations, CPA or tax attorney letters attesting to the financial viability of the employer, or W-2s showing the foreign national earns the annual wage shown on the original application.
Upon approval of the Immigrant Petition, the foreign national will have to wait until his/her Immigrant Visa Priority Date becomes current. The skilled worker category of immigrant visas (EB31) have been current since 1991, and once the Immigrant Visa is approved, the foreign national finishes the process either in the United States of America or abroad. (Please see the Attorneys for specific details.)
DISCLAIMER: THE IMMIGRATION ATTORNEY CANNOT EXPEDITE THE WAITING TIME FOR THE IMMIGRANT VISA IN ANY WAY.
©The Law Offices of Romney Wright, September 1999
