If you are thinking about moving to the United States for work, you may find the process complex. There are several types of visas available. Each one serves a specific category or situation.
There are two main immigration visas to the U.S. One is family-sponsored, and the other is employer-sponsored.
A Boston labor certification lawyer can guide you through the immigration process.
Your employer has to apply for Labor Certification through the US Department of Labor to allow you to work in the country. That process plays a huge role in whether you can get the authorization to work or not.
As long as you are applying for an employment-based visa, you need to go through this step.
To understand more about the procedures and immigration to the U.S. as a whole, you can contact our Boston labor certification lawyer today.
The labor certification is commonly the first step in applying for an employment-based visa with permanent residency. Its purpose is to defend the U.S. job market and current worker wages. This allows the U.S. employer to try and fill the position with a U.S.-based first, before hiring a foreign national.
The application process for labor certification can vary depending on the type of visa the foreign worker is seeking. Generally, there should be a job offer first. The U.S. employer must have a physical office space, IRS employer tax ID number, and contact details.
Another requirement is to provide evidence that the foreign worker will be fairly compensated. The company sponsor should have the financial ability to pay the prevailing wage set by the DOL without affecting the current job market..
The company will also need to demonstrate that it made a sincere and extensive effort to recruit American workers first.
Once the employer completes the requirements, the US Department of Labor will make a determination based on all the facts presented.
If the labor certification application is approved, they can proceed to the next step of petitioning with the USCIS.
If the application is denied, the foreign worker will not be granted a visa. There are many reasons why the application could be denied, which is why working with an experienced lawyer can be helpful.
There are instances where the DOL will decide to audit your application. It will request additional requirements or information to complete their assessment.
Different factors can contribute to the amount of time the Department of Labor takes to decide on the labor certification application. The DOL checks each case carefully. Some cases are more complex than others, which can take more time.
The processing time can also be affected by whether the employer’s application is selected for an audit. That can add more time to the entire process.
Generally, you can look at six months to a year to process the labor certification.
The advantage of consulting with our Boston labor certification lawyers is learning from experience. We understand the process and requirements of applying for a labor certification. That way, we can guide you in collecting the correct information and presenting the case effectively.
If you need to consult with a lawyer about a labor certification application, call the team at Nomos Law Group today.
Nomos Law Group L.L.C. is a law firm that focuses on immigration law, with commitment, dedication, compassion and responsibility.
Our mission is to help individuals, families and businesses with the following immigration solutions for: family migration, asylum, citizenship and naturalization, work-based green card, temporary work visas, deportation and removal advocacy, visa change, visas students and visitors, and all other issues related to immigration.
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