EMPLOYMENT VISAS
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Orlando Labor Certification Lawyers
What Is Labor Certification?
Labor certification, both for permanent and temporary positions, remains one of the most complex procedures in the field of immigration. A qualified immigration lawyer can provide valuable guidance and assistance through the process of foreign worker certification and immigration.
Call to a request a free in-person consultation with our experienced labor certification attorneys in Orlando and Maitland.
The Labor Certification Process
The U.S. Department of Labor (DOL) certification process seeks to ensure foreign workers hired to work in the U.S. will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. The employer, not the employee, works with the Department of Labor to complete the foreign labor certification process, which varies according to the type of visa needed. While each visa program does have specific requirements, labor certification follows a generally similar process.
The Department of Labor (DOL) must verify the following:
- An employer needs the skills and abilities of the foreign worker(s).
- The employer has made best efforts to recruit and hire available U.S. citizens and permanent residents.
- The employer has offered the normal wage for a position of this type.
- The employer has found no qualified U.S. workers for the position. Because the DOL assumes candidates responding to the offer are qualified for the job, the employer must prove the contrary to the DOL. If the DOL is not convinced, the labor certification will not be granted and the foreign national may not immigrate to the United States.
- Set deadlines for processing; depending on the location of the job, this can take from several months to several years.
Once the Department of Labor approves the labor certification application, the employer may seek immigration authorization from the United States Citizenship and Immigration Service (USCIS) on behalf of the foreign worker(s) being hired.
After the immigration application is approved, the foreign worker may apply for permanent residence through an adjustment of status.
Our Orlando labor certification lawyers have helped more than 10,000 families with their immigration issues. Contact us today at to request a free in-person consultation.
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