Alien Labor Certification

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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What is an Alien Labor Certification?

Alien labor certification is part of the sponsorship process for employers who wish to hire foreign workers on a permanent basis.  The employer may assist the foreign worker in obtaining a green card on the basis of employment. 

Most employers who apply for certification are attempting to petition alien workers who already work for the same company, but in a different branch overseas. 

Alien labor certification is processed through the U.S. Secretary of Labor.  Obtaining labor certification can involve a lengthy process wherein the employer must prove that there is a shortage of qualified U.S. workers to fill the position. 

What is the Process for Obtaining Alien Labor Certification?

There are several steps that the employer must complete before alien labor certification is issued.  These steps include:

The process for obtaining Alien Labor Certification can be somewhat lengthy due to the recruiting requirements that are involved.  The Department of Labor is very strict when it comes to granting certification to foreign workers before giving U.S. workers a chance to be hired.  This is especially true during times of high unemployment. 

Do all Classes of Alien Employees Require Labor Certification?

No- some classes of alien workers are exempt from labor certification requirements.  An employer does not need to go through the certification process listed above when petitioning these types of employees:

If the alien employee does not fall into any of these preference categories, then the employer must go through the alien labor certification process listed above.

Do I Need a Lawyer for Alien Labor Certification?

If you are seeking to petition a foreign employee for work in the U.S., you may wish to contact a lawyer for advice and assistance.  As you can see, the alien labor certification process can be both complex and time-consuming.  Your attorney can assist you throughout the process to make sure that you meet the necessary requirements for certification.  

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Last Modified: 08-09-2011 01:39 PM PDT

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