Labor Certification

A labor certification attorney ensures that the applications you send to immigration officials are complete and correct. When a company seeks to hire a foreign worker, they can fast-track the visa application by obtaining labor certification. But to do so, you need the best labor lawyer in Brooklyn and Manhattan at Kats Immigration Law to help you negotiate the required documentation. Call your NYC labor certification lawyer before you even begin the process to save time and reduce stress of dealing with complicated immigration rules, especially since these laws are constantly changing.

What Is Labor Certification?

Labor certification may be part of the process of applying for an investment-based green card.  This certification authorizes United States employers to hire foreign workers like you for positions that can’t be filled by qualified American workers. It’s required if you’re applying under the EB-2 or EB-3 visa category. Your employer must file the ETA Form 9089 Application for Permanent Employment Certification with the Department of Labor (DOL). The application requires documentation and evidence of recruitment efforts from your employer, which must be carefully prepared.

At Kats Immigration Law,  located in New York City, you find an experienced labor certification attorney who specializes in employment-based immigration and understands the requirements and procedures of the U.S. Department of Labor. Begin by booking a virtual consultation today with the lead labor certification lawyer Alina Kats.

What Is the PERM Process?

The Program Electronic Review Management (PERM) process is the main method you use to get labor certification for hiring foreign workers. You must clearly define the job position before starting the PERM process, which may include details like the duties, minimum education, experience requirements and any special skills needed.

Your employer is required to request a prevailing wage determination (PWD) from the DOL to make sure the wage level is based on the right job description and expectations. Your labor lawyer in Brooklyn walks you and your employer through the steps in the PERM process that include:

• Recruitment attempts. Undertaking some hiring activities like running advertisements in newspaper, placing a job order for at least 30 days, conducting job fairs and posting a job notice at the worksite.
• Review and document recruitment results. Documenting all recruitment activities and results, including the reasons why any U.S. applicants weren’t hired.
• ETA form 9089. Filing the Application for Permanent Employment Certification online with DOL with detailed information about the company, the job position, the foreign worker and the recruitment process.
• DOL review. Department of Labor officials make sure your PERM application meets all regulatory requirements and approves the labor certification.

You must file Form I-140 after receiving the labor certification with U.S. Citizenship and Immigration Services (USCIS). Once this petition is approved, the foreign worker can apply for consular processing or submit Form I-485 for adjusting a worker’s status.

How Can an Immigration Attorney Help with Labor Certification?

An immigration attorney makes sure that all aspects of your labor certification application comply with the latest legal standards. They help you get Prevailing Wage Determination (PWD) by preparing job descriptions and analyzing wage data, which reduces the risk of any common errors. A labor certification attorney also helps you conduct your recruitment efforts in full compliance with DOL regulations and maintain all activities to support your application. Other services your labor certification attorney may offer employers include:

• Documentation and record-keeping. Organizing all types of records like job postings, advertisements, resumes and interview notes, making them ready for submission.
• Audits and requests for evidence. If your application is audited or if additional evidence is requested by the DOL, your NYC labor certification lawyer helps you reply quickly and correctly.
• Timely submission. The labor certification process has multiple deadlines from filing recruitment reports to responding to DOL requests, and your attorney helps you manage these deadlines.

If any issue comes up during the process like disputes or negotiating with the DOL, a labor certification lawyer resolves these problems, which improves your chances of getting approved.

What Documentation Is Required for Labor Certification?

You need to provide evidence of your job advertisements including copies of advertisements placed in the Sunday editions of local or national newspapers for two consecutive weeks, and proof of job postings on your company’s website and other online job boards.

A recruitment report is also required to document the employer’s efforts to hire U.S. workers and the outcome of those efforts. This may include information like number of applicants from whom you received resumes, interview records and qualifications of applicants with reasons for rejecting each U.S. applicant. Other required documentation includes:

• Job specifications. Copy of the prevailing wage determination you received from the DOL, detailed job description mentioning the duties and responsibilities, as well as skill requirements of the position.
• Company documentation. Organizational chart, which shows the company’s structure, recent financial statements, copies of relevant business licenses and an overview of the company’s operations, market position and reputation.
• Foreign worker documentation. Resume of the foreign worker, copies of the foreign worker’s educational certificates, diplomas, degrees and employment verification letters from the previous employer, proving employment history and experience.

Additional supporting documentation may also be needed to support your application. If there have been recent layoffs in your company, you’re required to prove layoffs and its impact on the labor certification application. This shows that the need for the foreign worker is genuine and not a result of displacing U.S. workers.

Labor certification is a complicated process for both workers and employers. On your own, you may struggle to compile and present evidence that justifies DOL’s expectations. But a labor certification attorney from Kats Immigration Law provides assistance that saves you time, resources and headaches. Contact Kats Immigration Law for the best labor lawyer in Brooklyn or Manhattan. Alina Kats’ firm improves your chances of getting approved with a properly formatted application.