Alien Labor Certification Application meaning :

The Alien Labor Certification Application is an administrative process managed by the United States Department of Labor (DOL). It is an integral part of the green card application procedure. Through this process, the DOL aims to ensure that the hiring of foreign workers in the United States will not have negative impacts on job opportunities, wages, and working conditions for American workers.

To obtain the Alien Labor Certification Application, the employer must submit an application to the Employment and Training Administration (ETA). In this case, they must submit Form ETA 9089, a document describing the details of the proposed position, the required qualifications, and the working conditions. This certificate, once obtained, authorizes the employer to hire a foreign worker permanently in the United States.

The employee can also take the initiative to undergo the Alien Labor Certification Application if they are interested in a specific position offered by an employer in the United States. However, they must submit their own application for labor certification to the ETA. To be eligible, they must meet the professional requirements defined by the employer for the position in question and be willing to work permanently in the United States.

Procedure to follow for Alien Labor Certification Application:

• Determining eligibility: The employer must determine if the position they wish to fill is eligible for alien labor certification. This involves ensuring that the position meets the requirements and criteria set by the United States Department of Labor.
• Request for Prevailing Wage Determination from the NPWC: Before submitting Form ETA 9089, the employer must obtain the prevailing wage determination for the proposed position.
• Advertising and Recruitment: The employer must place job advertisements in accordance with DOL requirements and conduct recruitment in accordance with the law to primarily attract American workers.
• 30-day Waiting Period after Advertising: After the advertisements are posted, this waiting period is necessary to allow American workers to apply.
• Submission of Form ETA 9089: Once the previous steps are completed, the employer can submit Form ETA 9089 to request permanent labor certification.
• Responding to DOL Audits or Information Requests: If necessary, the employer must provide additional information or respond to DOL audits.
• Obtaining Certification: If the application is approved, the employer receives the alien labor certification. This document authorizes them to hire a foreign worker permanently for the specified position.