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LABOR CERTIFICATION PROCESS SUMMARY

General .  The labor certification process is intended to prove that U.S. workers are unavailable for a certain position for which a qualified foreign worker is currently able and willing.

Five Steps .  The labor certification process is structured recruitment, in five steps: (1) registering the position with the state workforce agency; (2) advertising; (3) responding to resumes; (4) registration with the Department of Labor's (“DOL”) online labor certification system; and (5) making labor certification application online via the DOL system. If workers in the desired position are unionized, reporting the application to the union is also required.

Simultaneous Processes . Most of the steps take place simultaneously – we register with the California Employment Development Department and post the advertisement in five specific media (newspapers, employer website, general recruiting website, and a university website/placement center) around the same time. These advertisement media are required by statute.

Managing the Process . All advertising requests must come from the company, so I prepare the advertisement and send the text with contact information to the relevant media to place the advertisement. When resumes come in, you evaluate them for fitness/qualifications and  make contact with the applicant within 14 days. Thirty days after the advertisements, we submit the information to the Department of Labor via their online registration system that handles all labor certification applications nationwide.

Getting Started .  Make initial registration with Department of Labor in your state.  To do so, we need information about the job offered, such as qualifications required and duties of the position to some degree.

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