The labor certification program allows an employer to “sponsor” a foreign worker for eventual permanent residence in the United States.
- The employer must offer the prospective employee a permanent, full-time position;
- The employer must have the ability to pay the prevailing wage and agree to provide income tax returns to prove it;
- The prospective employee must have previous experience performing the job duties. Experience gained with the sponsoring employer will usually not count (subject to narrow exceptions);
- If the prospective job offer is listed in the newspaper and on the internet, will qualified U. S. workers apply? If there are qualified U.S. workers available, the labor certification application will be denied;
- The filing of a labor certification application does not provide employment authorization. Employment authorization is given once an application for Adjustment of Status is filed with the U.S. Citizenship & Immigration Service (“USCIS”) (see below);
- If the prospective employee is unlawfully working for the sponsoring employer, there is the potential for USCIS to investigate the employer.