How to Acquire an Alien Labor Certification

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Certification to work in the United States may be accomplished through various means, and acquiring an Alien Labor Certification is possible by non-citizens of the country that have been provided the ability to work and live permanently in the nation. While there are many ways for green card status to be applied, it is important to ensure all rules and regulations are followed strictly.

There are several reasons to obtain a green card to include family, political asylum, adoption procedures, employment and
various other means. Employment based green cards are the alien labor certifications that are received when a foreign citizen has immigrated into the United States to work through an employer or company. These specific certifications are for permanent employment in the country when an opportunity has arisen. Often, these possibilities occur when a company has been contacted or has contacted another country for certain careers, or if a job has no limitation of time. Then, the foreign national
may remain in the United States permanently as long as he or she retains the employment.

When the alien labor certification process has begun, the foreign citizen usually has already been working through a temporary or work visa with the same company he or she will remain at after the certification has been acquired through. This company is generally how the individual is sponsored. The process is long, and there must be demonstrated to the authorities in these matters that there is a shortage of employees in the country for these positions or industries. Labor certification is the method of determining if there is an employee shortage for the position. Once the procedure has started, it may take several months or
years to hear back.

The Process for the Alien Labor Certification

While the foreign national may already be working at the job that sponsors him or her, some are able to start this process after contacting a company while the worker is still within his or her native country. The process of PERM is how labor certification shows there is a shortage of work with certain positions or types of jobs, and it may be started once the sponsorship has been applied. Once the certification application has been submitted to the Department of Labor, the first steps in green card employment is started. The next step involves the company interviewing and advertising the job to United States citizens. It is only when it has been successfully demonstrated that no suitable person may be found that the DOL will push through the green card application.

When an immigrant has been well educated, there are some exemptions available to these persons. Not all employment-based green cards for permanent work in the United States need labor certification for foreign citizens. Some classes of these employees do not need to obtain this certification based on education or certain skills acquired through training or life situations. Through supplying proper identification, credentials and valid documentation, the foreign citizen could acquire the permanent green card status for employment and not even need to apply through these same processes. It is important to research these specific exemptions before attempting to file through labor certification.

Exemptions Explained

While it is important that the correct foreign citizens acquire the alien labor certifications when necessary, there are many exemptions that exist for these immigrants. When they possess an extraordinary ability in the various subjects of Business, Sciences, Arts, Education, Athletics and similar areas they may have a significant capacity to teach or research. This also extends to those with international business ties through executive and manager personnel. These are the Employment First Preference group member employees. Advanced degrees, skilled workers, employees with special immigrant status in the religious field and those foreign nationals with investments of at least $500,000 and may create no less than ten full time jobs for persons in the United States are part of the second, third and fourth preference groups.

Application and Legal Help

When attempting to acquire the alien labor certification, the applicant should first file with the state’s Employment Security Agency or State Workforce Agency if sponsorship has not been received by the company. The employer will file a form with the Department of Labor. This will have descriptions of how the candidate does meet qualifications for the permeant work status.
If the rights of the immigrant have been infringed or there are legal complications, it is important to hire a lawyer to work through these matters.


Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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