Alien labor certification meaning :
The Alien Labor Certification is a crucial process for employers seeking to permanently hire foreign workers in the United States. It is part of the sponsorship process for applicants for employment-based green cards. An employer must obtain this authorization before submitting an immigration application to the United States Citizenship and Immigration Services (USCIS).
To apply for the Alien Labor Certification, employers must demonstrate that there are not enough qualified American workers available to fill the position. The regulations governing this legal tool require a prior national recruitment process. In this case, employers must file an application with the Department of Labor. They must obtain approval from this administrative body before resuming the green card application process for foreign workers.
If this process is an essential step for recruiting foreign workers, it does not apply to everyone. It is crucial to note that certain categories of foreign workers are exempt from the alien labor certification process. This exemption applies to individuals with extraordinary abilities or those in specific positions such as professionals with advanced degrees or immigrant investors.
Similarly, workers can also submit an application for alien labor certification. However, the law requires that applicants already work for an employer in the United States who is willing to sponsor their green card application. In this scenario, workers are often under a temporary visa status, which explains their pursuit of obtaining permanent residency in the United States.