The labor certification process ensures that U.S. workers are given priority when employers file permanent residence cases for certain foreign workers. The process involves extensive advertising to establish if there are minimally qualified workers who are available and willing to take the position that is being offered to the foreign worker. The advertising involves placing two Sunday ads at the newspaper of general circulation for the area of employment, posting a 30 days job order with the state employment agency, posting the job opportunity at the work site for 10 business days. If the position is professional, the employer must also select three additional advertising sources and advertise there as well. Before filing the labor certification application, the employer must obtain a prevailing wage determination from the U.S. Department of Labor to establish the minimum annual salary that must be paid to the foreign worker.
Labor certification application are typically filed online. Upon reviewing the case, the U.S. Department of Labor may ask to review all advertising documentation and any applicant resumes. If the position requires exceed the minimum industry requirements then the Department of Labor may also ask for business justification and explanation of the employer’s requirements. If the application and supporting document are found adequate then the application is certified. Processing times vary wideily and may range anywhere from a few months to as long as 18 months and sometimes even longer.