Labor Certification

Labor certification is a United States immigration concept by which there are several options available to US employers who wish to hire foreign, nonimmigrant workers on a temporary or even long-term basis. The temporary options such as H1B visas, L1 visas, and TN status are sufficient to meet the needs of an employer and employee. The first step in the process for an individual to gain sponsorship is through labor certification. This process proves that there are no qualified United States workers for the position being offered which entitles a US based company to go outside of the country to hire foreign workers. If there are found to be qualified US workers for the job at hand, then the foreign worker may be immediately replaced by a US counterpart. The foreign worker may be able to reapply for labor certification and be approved through the same company or another with a similar position.

Fast Facts

  • The labor certification process changed in 1998 making the process a bit easier and more streamlined so that it could benefit foreign workers and US companies.
  • "Reduction in Recruitment" came about in 1998 as a result that reversed the process letting the employer first do the necessary recruiting to prove that a foreign worker would be required for the position.

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