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Labor Certification for
Green Card Applicant
Before you may obtain a Green Card for a foreign worker who
does not qualify for exemption from 'Labor Certification', that company must demonstrate to the local office of the US
Department of Labor that the job is one for which there are not sufficient
United States workers who are willing, qualified, and available at the time of
application for a visa.
The employer must also demonstrate that the employment of the
foreign worker will not adversely affect the wages and/or working conditions of
workers in the United States similarly employed.
Labor Certification is a difficult and time-consuming
process, but, in itself, it does not permit an alien to start work in the US. It
is simply one of several requirements before for the grant of an immigrant visa
to Green Card Applicant.
An application for Labor Certification is made using official
form ETA 750; this form comes in two parts, Part A, and Part B. Each part must
be accompanied by documents as outlined below:
Documentation to be included with ETA 750, Part A
- An assessment as to the shortage of qualified
US workers. This will usually be shown by advertising the vacancy in a
relevant publication to demonstrate a shortage, and by a detailed letter
from the employer. If candidates were interviewed for the position, the
employer should carefully explain why such candidates were unsuitable for
the vacancy.
- A full and detailed job description. It is
important that the job description covers even minor duties of the
candidate.
- A description of the minimum requirements for
the job. This should cover the absolute minimum requirements to do the
job, covering the education, training and experience needed to fill the
vacancy. It is important that this is seen to be reasonable, as otherwise
Labor Certification will be refused by the Department of Labor.
- It would be advisable to obtain a prevailing
wage level from the local State Employment Services Agency. This is the
minimum salary that must be paid to the candidate. If there are
authoritative surveys confirming the prevailing wage or the employer can
show this by some other way, this is also likely to be acceptable.
- If the employer is not already well known to
the Department of Labor it may be advisable to also submit accounts to
show that the employer has the ability to pay the candidate.
- Company Brochures and Literature. This is not
strictly necessary as part of the Labor Certification process but is an
excellent way of demonstrating that the respectability and professionalism
of the company.
Documents to be included with Form ETA 750, Part B
- Certified copies of diplomas and other
relevant qualifications.
- Transcripts from colleges attended by the
employee confirming the relevancy of the subjects taken as part of the
course to the new employment in the US. This may be unnecessary if copies
of the qualifications are available for the candidate. In certain cases,
it may also be useful to obtain an evaluation of the qualifications from
an academic or evaluation service.
- Letters or affidavits from past employers
confirming the work experience of the employee, and describing the duties
that the candidate performed.
- Awards and membership of any organizations
that confirm the qualifications, and professional ability of the
candidate.
- If relevant, publications about the candidate
confirming the candidates particular expertise.
- It would be useful to include a resume for the
candidate which accurately reflects the experience and qualifications of
the candidate.
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