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Labor Certification – Definition
Labor Certification is an idea of the US immigration services in which the employers have to take part in the Department of Labor, United States in order to certify that the qualified American employees are not available for placement in vacant seats. For this, the employers devise a policy to sponsor an overseas worker based on the long term and legal accommodation.
It has become a requirement for the employers of the United States to give jobs to foreign eligible workers. Their immigration is based on their expertise. They stay in the US just because of their employment status. They can be called non-immigrants or temporary employees. They are appointed when there is no other alternative US citizen available for the same position. The Secretary of Labor issues a Labor Certification for the attestation of the employers of the United States. The availability of labor in the US is determined when visa applications are received. For the appointment, the location is selected where the foreign worker wants to serve.
A Little More on Labor Certification
Labor Certification is a step of a process by the USA immigration. Its objective is to provide protection to the workers of the United States and its labour market. It ensures that the overseas employees, who are in search of classification for the immigrant visa, are not going to fire equally eligible workers of the United States.
The employers of the United States have many available options, who want to get the services of non-immigrant foreign workers based on the temporary as well as long term employment, such as H-1B visas, TN status and L-1 Visas, etc. The temporary employment option is mostly sufficient to measure up to the requirements of the employer and worker. However, if an employer of the United States wants to hire a foreign employee, the process of sponsorship is complicated. First, a green card is issued and it takes many years to complete the process. Normally, (not always) Labor Certification is the 1st step. It is a process of giving evidence that the eligible workers of the United States are not there for the proposed position. If they are eligible, generally speaking, even the least eligible, the employer cannot hire foreign workers on that position based on permanent employment. It does not mean that they will replace the overseas worker with a qualified worker of the United States immediately. The foreign employee will still be able to serve out the rest of his existing temporary visa of the United States. Similarly, he can apply again in case of Labor Certification. He will get approval. But it is significantly inconvenient for the employer of the United States, who wants to get the services of an overseas worker. Thus, it ensures protection to the workers of the United States. However, the process is arguably criticized.
Since the Labor Certification has several immigration procedures, it is considered controversial. The ones who speak in support of Labor Certification, give an argument that it is a strongly accurate procedure to determine that just those overseas workers will be hired, who are having the true skill set, the labour market of the United States requires and not promptly available on a local level.
However, the opponents are of the view that the employers of the United States will employ a foreign worker first on a category of visa which is temporary but long term. Then, they will modify the job description. The purpose is obvious that the foreign employee is the only man who might be appointed. So, they involve in gaming on the name of Labor Certification to ensure a favourable result.
The Department of Labor established a system for Labor Certification known as PERM (Program Electronic Review Management) on 28th March 2005. This is indeed the 1st step in the application process of legal permanent accommodation on the basis of a job to the green card holder. PERM aims to defend workers of the United States and the employment market. It means PERM was established to guarantee that overseas employees are not going to fill the job vacancies that the workers of the United States might fill otherwise.
References for Labor Certification
Academic Research on the Labor Certification
- An Overview of the Labor Certification Requirement for Intending Immigrants, Rubin, E. R., & Mancini, M. A. (1976). San Diego L. Rev., 14, 76. This study is basically an overview of the essentials of Labor Certification for the immigrants and US workers.
- Alien Workers: A Study of the Labor Certification Program., North, D. S. (1971). This paper discusses the program of Labor Certification for foreign workers and protection for the employees of the United States.
- Card Check Labor Certification: Lessons from New York, Herbert, W. A. (2010). Alb. L. Rev., 74, 93. This paper is about the card check in the United States (New York) in terms of Labor Certification. The author has shared the lessons he learns from this concept.
- Reforming the Immigration and Nationality Act: Labor Certification, Adjustment of Status, the Reach of Deportation, and Entry by Fraud, Griffith, E. (1983). U. Mich. JL Reform, 17, 265. In this study, the author has beautifully highlighted the reforms of INA (Immigration and Nationality Act about the Labor Certification. It states how several types of responsibilities are performed in the context of the Labor Certifications process, for example, modification of status, the RoD (Reach of Deportation) and a fraudulent entry of a worker.
- Labor Certification Under Revised Regulations, Singhal, H. K. (1977). S. Cal. L. Rev., 51, 823. In this paper, the writer has thrown light on the revised rules set for the Labor Certification and the extent to which changes in the Labor Certification have influenced the job pools.
- The Labor Certification Process: Complex Ethical Issues for Immigration Lawyers, Abdollahi, P. (2002). Geo. Immigr. LJ, 17, 707. This study provides details of the process of Labor Certification and the complicated ethical problems for the immigration solicitors. It becomes difficult for them to check the immigration proceedings of foreign employees. The attorney may professionally find it hard to verify the dual representation and the conflict of interest on the part of the client.
- Employers and Aliens: The Labor Certification Process, Cazorla, E. (1975).M. Tex. BJ, 38, 41. This paper addresses the process of Labor Certification and its rules for the employers, the US workers and foreigners.
- Material Misrepresentation-Labor Certification, Actual Minimum Requirements and Employer Sanctions, Forney, G. (2008). Geo. Immigr. LJ, 23, 463. This study is about the misrepresentation of the Labor Certification materially. And what are the real least requisites and the employer sanctions? Immigration fraud has ruined the concept of Labor Certification. The Directorate Office has devised a strategy to detect such type of frauds at the time of immigration.
- Measuring the Effect of Labor Certification, Keely, C. B. (1970). International Migration Review, 4(2), 87-92. In this paper, the author describes the impacts of Labor Certification and explains how to measure it. It is a brief overview of the rules set for international migrants.
- Alien Labor Certification Proceedings: The Personal Preference Doctrine and the Burden of Persuasion, Sherman, J. P. (1974). Geo. Wash. L. Rev., 43, 914. This research elaborates the proceedings of Foreign Labor Certification, the PPD (Personal Preference Doctrine and BoP (Burden of Persuasion).
- Labor Certification: Procedures and Problems, Champayne, M. J. (1984). Immigration Law Reporter. Georgetown University. Washington, DC: Spring, 82-104. This paper explains the process of Labor Certification and also covers the issues faced in this process. It is basically an official confirmation that the appointment of a foreign worker will have no adverse effect on the American employees. The problem creates when the employers do favouritism and with the help of wrong paper proceedings, show that a foreigner is eligible for the job.