A basic overview of the visa is provided here. If you have further inquiries as to the application process or whether or not this is the correct route for your needs, please don't hesitate to contact us.
General
The Permanent Foreign Labor Certification from the Department of Labor (DOL) allows United States businesses to employ foreign nationals to work permanently in the U.S. Before a U.S. employer can submit an immigration petition to USCIS, in most cases the employer must first obtain an approved Labor Certification request from the DOL’s Employment and Training Administration (ETA).
Requirements
A Foreign Labor Certification certifies that employing the foreign national will not displace nor harm the wages or working conditions of U.S. citizen and Lawful Permanent Resident (LPR) workers whom are similarly employed. To obtain a Labor Certification, the employer must file an ETA Form 9089: Application for Permanent Employment Certification with the DOL establishing these criteria have been met.
In order to obtain the Foreign Labor Certification, the employer must demonstrate that the following requirements have been satisfied:
- The employer must have a legitimate full-time offer of permanent employment for the foreign worker.
- The job requirements must conform to what is typically required for the occupation in the U.S. such that it is not molded to the foreign worker’s qualifications. The employer must also document that the job opportunity has been and continues to be described without unreasonably restrictive job requirements unless such practice is sufficiently documented as to be due to business necessity.
- The employer must pay at least the prevailing wage for the occupation to the position of intended employment.
- The employer must demonstrate proof that any U.S. workers who may have applied for the job were rejected for lawful reasons as related to the job.
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