Immigration Services Labor Certification in Houston Texas
A key factor to those who want to immigrate to the US for work is that the government is always trying to ensure there are enough jobs for US workers. However, this is despite the fact that studies show immigrants create jobs for US workers and help grow the economy. For those who want to acquire work visas for their employees, they need to get labor certification from the Department of Labor. Obtaining the certification can be complex. That is why we at RunRex.com have prepared this guide to help you understand what it entails.
Get a Lawyer to Assist You with the Labor Certification
If you are looking for a Houston lawyer to help you obtain the labor certification, RunRex.comis a good choice. It is especially so when you are bringing in big talent from abroad to fill a position in your company. These lawyers have experience in handling even the most complex immigration matters that you may be facing. Labor certification is a crucial step for any employer seeking to sponsor workers to enter the US.
When do You Need Labor Certification?
Unless you are a citizen or permanent resident, if you want to work in the US, you must obtain an immigrant or nonimmigrant visa. The immigrant visa is needed for all managerial positions while the nonimmigrant visa works for those who will only be in the US for a set period. If the employer wants to retain the worker for long periods, he or she must seek approval from the Department of Labor.
At the core of this process is the need to ensure that workers entering the US market do not hurt the wages or working conditions of US workers. Thus, the process ensures that immigrants get a fair wage and working conditions. If an employer wants to sponsor their employee to obtain a green card, they will require labor certification. The rules around labor certification can be found in the Code of Federal Regulations.
Under these rules, the employer has to prove a few things before their application can be approved. These are:
- The offered wage is above or equal to the prevailing wage offered for the job legally.
- The job offered is not based on bonuses, commissions, or other such incentives.
- The employer demonstrates an ability to pay the worker
- The workers will be on the payroll on or before they land in the US
- There was no illegal discrimination in the process of hiring workers
- The position is not currently open to a labor dispute
- The job has to be legal
- The job was offered to US workers who rejected the job offer for legal reasons
- The job must be fulltime and permanent
Besides these requirements, there are many others which an employer has to fulfill. To ensure that an application is not rejected, the best option is to use an immigration lawyer. This will ensure that the process goes on smoothly and that there is no wastage of time.
Alternatives to Labor Certification
Not every employer and the foreign employee has to go through labor certification. There exist some alternatives for those that need them.
For instance, if hiring an employee is going to be to the benefit of the US, the employer could request a national interest waiver. To qualify for this waiver, an employee must meet these three prongs:
- The work has to be readily apparent
- While the employee will be working in one part of the country, their work will have a significant impact on another part of the country as well.
- The national benefit of having the worker in the US is far much greater than the concerns of the labor certification process.
To qualify for the waiver, you will be required to provide documentation showing that the workers meet these three prongs. With the help of an immigration attorney, this should be quite easy to achieve.
Federal Regulations 20CFR 656.5 contains “Schedule A.” This section lists all the fields and professions where having labor certification are not a requirement. In Group 1 of this section, nurses and physical therapists are exempt. In Group II, people who work in arts and performing arts, and sciences, and have exceptional talents are exempt.
If you are an employer in the Houston area, who desperately needs to bring an employee into the US, you should get in touch with a lawyer. Any costs you incur will be worth it since you will recover it in time saved and reduce the chances of rejection. The department of labor has to deal with thousands of such applications daily and any mistakes, no matter how tiny, is an excuse for them to reject you.
If you need to fill a hole in your employee base, immigration can be a great solution. Ensure you consult a professional in the field to get it right.