Alien Labor Certification in Oregon

Alien labor certification in Oregon is part of the sponsorship process for an employer who wants to permanently hire a foreign worker. An employer can help a foreign worker obtain a green card based on employment.

In Oregon, a green card holder is a non-United States citizen who is legally authorized to permanently live and work in the U.S. There are different ways that a non-citizen can achieve green card status.

The reasons an individual can receive a green card visa include family connections, political asylum, adoption, and employment. An employment-based green card is issued when an applicant has a permanent employment opportunity in the United States. In many cases, an employer who applies for certification is trying to get an alien worker who already works in the same company but is in a different branch overseas.

The alien labor certification is done through the United States Secretary of Labor. Getting labor certification can take a long time and the employer is required to show that there is a shortage of United States workers to fill the position.

The majority of aliens who apply for an employment-based green card are already working for the company doing the sponsorship for employment visa status, often with H1 or L1 visas.

It can be difficult to sponsor an employee for a green card because of the lengthy process. Proving there is a shortage of United States eligible employees for the position, determined by a PERM Labor Certification.

Labor certification is the first step that is done to get an employment green card. The certification application is submitted to the United States Department of Labor (DOL).

An employer will need to advertise to and interview United States citizens, not be able to find a suitable candidate, and then demonstrate this to the DOL before hiring a foreign citizen using green card sponsorship.

A potential worker may also be able to obtain a temporary work visa. If a worker or employer has any questions about hiring alien workers or immigrant worker rights, it is important to consult with a lawyer.

What Is the Process for Obtaining Alien Labor Certification?

The process for obtaining an alien labor certification involves several steps, including:

• Application: An employer has to apply with a state employment agency, which can differ depending on the state.
  • This application often includes the job description, qualifications, experience required, and why the foreign candidate would fulfill these requirements.
• Recruitment: The employer has to complete a recruiting process.
  • A labor certification will only be provided when the employer shows the job cannot be filled by United States workers after interviewing and giving all prospective candidates a chance.
• Approval: When a United States citizen cannot be found to fill the job, the proper agency will approve the employer’s application.
  • An application can be denied if the agency determines that the employer did not conduct the recruiting process in good faith or if United States citizen candidates were not seriously considered.
• Post-Approval: Following an approval, an employer can file with the state Department of Labor for further verification.
  • At this stage, an employer can also start applying for visas to obtain a green card for the foreign worker.

Obtaining an Alien Labor Certification (ALC) can be a long process because of the required recruiting. To find out more specific information about obtaining an ALC in Oregon and how long the process can potentially take, it is important to schedule a lawyer consultation.

Do All Classes of Alien Employees Require Labor Certification?

There are some classes of alien workers that are exempt from labor certification requirements. Employers do not have to complete the certification process discussed above when petitioning for these types of employees:

• Aliens with Extraordinary Ability in the Arts, Sciences, Business, Athletics, or Education
  • This category includes outstanding executives, managers, researchers, or professors.
  • These employees fall under the visa category of “Employment First Preference.”
• Professionals with Advanced Degrees (Employment Second Preference)
  • This category may also include workers with exceptional abilities in the Arts, Sciences, etc.
• Skilled Workers and Professionals with Baccalaureate Degrees, other workers (Employment Third Preference)
• “Special Immigrants” such as religious workers and pastors (Employment Fourth Preference)
• Immigrant Investors
  • These are individuals who are willing to invest $500,000 to $1 million in the U.S. and create at least ten job positions.

If an alien employee does not fit into any of these categories, an employer will have to complete the ALC process. Oregon lawyers can provide help determining whether a candidate falls into one of these categories and, if they do not, completing the ALC process.

How Do Employers Apply With the State of Oregon?

In the State of Oregon, instead of applying with a state agency, they apply with the United States Department of Labor’s Foreign Labor Application Gateway (FLAG). There are specific requirements and forms that should be used, which an attorney can help with.

Once this is filed, the application will be reviewed. This process includes a prevailing wage determination, where the state investigates the normal rate for similar jobs in the United States. An employer will be required to pay the employee 100 percent of that rate.

What Is the Recruiting Process?

Once the FLAG reviews an employer’s application and a wage determination is made, an employer must conduct a recruiting process to try and find U.S. workers who can do the job.

This process may be monitored by various agencies. The employer will have to publicize the job opening by submitting it to various databases and publications. Additionally, employers have to interview all candidates who meet the listed qualifications.

After this process, the employer will submit their results to determine if all qualifying candidates were interviewed, and if appropriate, job offers were made. The DOL is very serious about hiring United States citizens before prospective immigrants, especially in times of high unemployment.

Results and DOL Approval

If an employer cannot find a United States citizen who is qualified and willing to take the job and FLAG approves the recruiting process, the employer can submit the labor certification to the DOL. As discussed above, if it is determined that the recruiting process was unfair or not done in good faith, the labor certification application may be disqualified.

What Is the Post Approval Process?

Once a labor certification is approved, an employer can file a visa petition with the United States Citizenship and Immigration Services (USCIS), using Form I-140. Once this petition is approved, the prospective alien worker will apply for their green card.

Do I Need an Oregon Lawyer for Alien Labor Certification?

If you are an employer who is trying to petition for an alien worker, it is important to have guidance from an Oregon immigration lawyer. The process can be complicated, time-consuming, and have specific requirements.

If you are a prospective immigrant employee, your immigration attorney can help you through the process and ensure that you properly apply for the visa that you need. You can use LegalMatch to find an immigration attorney in your area of Oregon who has knowledge and experience with these applications.

It is free of charge and will only take you around 15 minutes to complete the online submission process. You will receive responses from licensed Oregon immigration lawyers within about a business day who can help you throughout the process.