Obtaining Labor Certification
Among the most difficult processes for an individual who wishes to immigrate to the United States is that of obtaining the legal right and ability to work in this country. As such, individuals who are seeking permanent employment with an employer in the United States must first secure labor certification to then obtain their green card. To gain labor certification, it must first be proven that there are not any qualified American workers who can perform the duties associated with the job.
This process, like other processes associated with obtaining a green card, can be exceedingly difficult for many individuals. An experienced immigration lawyer at Austin’s the Law Office of William Jang, PLLC, can help ensure your application is both complete and filed by its applicable deadline.
The Process of Obtaining Labor Certification
For labor certification to be granted, an individual must first meet a few requirements and then follow strict guidelines. The process of obtaining labor certification is as follows:
- The United States employer must have first unsuccessfully attempted to fill the position for which a foreign individual is applying to
- Once a foreign worker has been selected by a company, the company must file an application with the U.S. Department of Labor
- The employer must then prove that the foreign worker can actually meet and fulfill the duties associated with the position (and the foreign worker must not be paid higher than industry standards)
Even when an individual’s application is initially denied, that worker may continue to live and work in the U.S. on a temporary basis and reapply at a later date.
Consult With an Austin Immigration Lawyer
At Law Office of William Jang, PLLC, our Austin immigration lawyers are prepared to assist you throughout the labor certification process. To speak with one of our lawyers today, please call our Austin offices at (512) 323-2333.