{"id":4503,"date":"2016-04-04T10:47:33","date_gmt":"2016-04-04T15:47:33","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/business-laws-and-regulations\/obtaining-an-alien-labor-certification.html"},"modified":"2024-06-10T16:24:29","modified_gmt":"2024-06-10T21:24:29","slug":"obtaining-an-alien-labor-certification","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/business-laws-and-regulations\/obtaining-an-alien-labor-certification.html","title":{"rendered":"Labor Certification for Non-Citizens"},"content":{"rendered":"\n
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Labor Certification for Non-Citizens<\/h1>\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
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Those who want to establish a permanent residency in the United States can do so through various pathways. These include family-based immigration, adoption, political asylum, and more.<\/p>\r\n

Labor certification is crucial for foreign workers who want to pursue U.S. job opportunities. This article discusses getting permanent labor certifications for non-U.S. citizens and the steps involved in ensuring the interests of U.S. citizens and foreign workers.<\/p>\r\n

What Is PERM Labor Certification?<\/h2>\r\n

Employers must follow certain steps before filing an immigration petition with the U.S. Citizenship and Immigration Services (USCIS). The employer needs to get a Permanent Labor Certification<\/a>. The U.S. Department of Labor (DOL) issues this document allowing foreign nationals to work in the United States.<\/p>\r\n

Once the employer has an approved certification, the next step is immigration authorization. The USCIS processes this. This allows an employer from the U.S. to hire a foreign national to work permanently in the United States.<\/p>\r\n

Note that the petitioning employer is responsible for filing labor certification applications. But the employee must understand how employers process the certification on their behalf.<\/p>\r\n

Below are the specific tasks needed to get a permanent labor certification. First, we’ll discuss who is exempt.<\/p>\r\n

Exemptions<\/h2>\r\n

Some foreign workers do not need labor certification to get a green card and work in the U.S. The Department of Homeland Security (DHS) determines who needs labor certification. The following visas are available to employees who are exempt from labor certification:<\/p>\r\n