Employer Assistance for Labor Certificates or Employment-Based Visas
Labor certification is a legal arrangement that allows foreign nationals to apply for employment-based visas. Employers seeking to hire foreign nationals in certain classifications are responsible for completing a labor certification application through the United States Department of Labor. It is a multi-stage regulatory process that varies depending on the job category and whether the application is for a permanent or temporary residency in the United States. Upon approval of the application, the employer receives a labor certificate. The next step is to gain entry into the country through a U.S. Embassy or Consulate in their homeland or to change status in the United States, if applicable.
Temporary employment-based visas for non-immigrants include:
- Foreign nationals in the H-1B category are those specialty occupations such as teaching, healthcare, finance, lawyers, and other professionals—this visa grants entry to the United States for a period of three to six years.
- The H-1B1 category is specifically for workers with specialty occupations from Chile and Singapore.
- The E-3 visa program permits foreign workers from Australia to enter the United States in specialty occupations.
- An H-2A visa classification is for agricultural workers, permitting them to remain in the United States for three years.
- The H-2B visa is for non-agricultural workers. It grants a residency in the United States for one year, with the possibility of renewal for two years.
Permanent employment-based visas include:
- EB-1 First preference workers are those with extraordinary skills or multi-national executives and managers.
- EB-2 Second preference workers are those professionals with advanced degrees.
- EB-3 Third preference workers are skilled, professional, or other types of workers.
Foreign nationals who meet the criteria for a permanent employment-based visa can apply for lawful permanent residency, also known as a Green card. The employment offer must be for a permanent, full-time position.
Compliance with Government Procedures and Regulations for a Labor Certificate and Employment-Based Visas
The filing of an application for a labor certificate and employment-based visas is the responsibility of the employer. It is a very complicated and intense process with many requirements. It is essential to seek the counsel and representation of an experienced immigration attorney to ensure compliance with immigration laws and regulations.
At the Law Office of Ilia Garrity Lopez, PLLC, we have the legal experience and dedication to ensure a smooth transaction when applying for labor certificates and visas. We will help the employer determine the proper immigration category for your potential employee. Every category of employment requires careful preparation of specific forms and documentation. The employer must engage in a diligent recruitment campaign for United States citizens. That evidence is presented to the Department of Labor, showing that the labor market does not contain qualified and available workers. The employer must offer the prevailing wage and working conditions for the occupation, commensurate with workers’ standards in the United States. When a labor certificate and a permanent visa are approved, our law firm can assist employees with permanent residency status by applying for a green card.
In hiring foreign nationals, the Law Office of Ilia Garrity Lopez, PLLC will protect your business’s well-being and future. Contact us for an appointment by phone or videoconference at 407-777-7106.