Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

labor certification

Read a random definition: reissuable note

A quick definition of labor certification:

Labor certification is a process that employers must go through before they can hire non-U.S. citizens to work in the United States. The employer must first try to hire U.S. citizens for the job, and only if they can't find anyone qualified, can they apply for a labor certification for a foreign applicant. To get a labor certification, the employer must follow specific steps, including posting the job for at least 30 days and offering a fair wage. If the Department of Labor thinks the employer is not being honest, the application may be rejected or audited.

A more thorough explanation:

Labor certification

Labor certification is a process that employers must go through before they can apply for a visa for non-U.S. citizens they wish to employ in the United States. The process involves attempting to hire U.S. employees first and only if unsuccessful, applying for a labor certification for a foreign applicant. If a job does not qualify for an exception, a foreign employee must receive a labor certification to work long-term in the United States. To receive a labor certification, the employer must establish a legitimate job posting with accurate details and experience requirements. The employer must also receive a prevailing wage determination that sets a minimum compensation for the job posting. The employer then must follow guidelines for posting the job for at least 30 days in different locations. Only if no qualified applications are submitted may the employer file for a labor certification for a foreign applicant. If the Department of Labor suspects that the employer is not being honest in the process, the PERM application may be rejected or audited.

Example 1: A company wants to hire a software engineer from India to work in their U.S. office. The company must first attempt to hire a U.S. software engineer for the job. If no qualified U.S. applicants apply, the company can then apply for a labor certification for the Indian software engineer.

Example 2: A restaurant wants to hire a chef from France to work in their U.S. restaurant. The restaurant must first attempt to hire a U.S. chef for the job. If no qualified U.S. applicants apply, the restaurant can then apply for a labor certification for the French chef.

These examples illustrate the process of labor certification. Employers must first attempt to hire U.S. employees before applying for a labor certification for a foreign applicant. This ensures that U.S. citizens have the opportunity to apply for the job before it is offered to a foreign employee. The process also involves establishing a legitimate job posting with accurate details and experience requirements, receiving a prevailing wage determination, and following guidelines for posting the job for at least 30 days in different locations. Only if no qualified U.S. applicants apply may the employer file for a labor certification for a foreign applicant.

labor and materials (time and materials) | labor lien

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
Dkk
19:42
Maybe, didnt happen last time.
19:42
it was hard to not improve it. google search was terrible due to the ads and seo cheaters with buzz words and alt text
Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
LSD+ is ad-free, with DMs, discounts, case briefs & more.