Labor Certification in Miami

The labor certification refers to the steps taken by the Department of Labor in the United States of America (USA)  to verify the availability of jobs on the employment market, as well as the types of employees which are available to fill in that particular position. Foreign employees are allowed to work in US-based on various employment visas provided by the local authorities. However, the employer has the legal duty of obtaining a labor certification from the above-mentioned institution before sponsoring most foreign workers for permanent employment (and for certain temporary programs, such as H-2A and H-2B). Employment can be one of the pathways to a residence permit in USA.

Our immigration lawyer in Miami can assist employers and employees with more details related to the legal aspects of the labor certification procedure. You can also rely on us when applying for USA citizenship.

Procedures related to labor certification in Miami 

Those who want to employ a foreign worker in Miami, USA, are required to verify a set of aspects. In this sense, we mention the labor certification, which is a procedure carried out by the Department of Labor, and which is comprised of several steps. 

First, the Department of Labor will have to verify if the employment market in Miami, US, provides any local employees who are interested in occupying a certain position in a company. For this, the Department will need to verify the qualification of the local employees, as well as their availability to occupy a certain position on a designated salary.  

If there are no satisfactory results, then the respective job will be trusted to a foreign worker, provided that the American company will not change the level of the salary and the employment conditions. Persons interested in immigration to USA for employment purposes should study the rights given under the Permanent Employment Certification.  

Only after these aspects are verified, the local employer may seek a foreign worker. Our immigration attorney in USA can provide more information on this aspect and on the residence permit in USA coming with it. Temporary work visas allow you to stay and work in the US for a limited amount of time, but they also come with a permanent risk: your visa’s expiration date. This is why, when seeking to move here, most foreign citizens go directly for the US Green Card which comes with extensive rights and benefits.

Requirements for the employer in Miami, US 

The employer will be required to fill an Application for Permanent Employment Certification (ETA Form 9089), filed electronically through the Department of Labor's FLAG system. The document should describe the requirements that should be met by an employee, the wage level as well as the proof that the employer tried to find a suitable employee, through recruitment procedures. 

Our immigration lawyer in the US can offer legal assistance on how to fill in the labor certification form.