Ans:

The labor certification process is one in which the alien, through the assistance and application of the potential employer, documents the shortage of alien workers in the specific job for which the alien qualifies. Generally, the process is started when the alien and proposed employer file a form ETA 750 A & B. A proposed ad for the job position should also be included. The ETA 750 A & B is filed first with the local employment development agency, i.e., the state labor department.

After review and approval of the state agency, a job ad is placed in the local newspaper where the job site will be located. The job ad will solicit resumes from qualified workers who will send the resumes to an address controlled by state agency. The state agency then will collect all of the resumes sent and forward them to the potential employer for response. The potential employer should contact all prospective applicants and interview them to determine whether the applicant qualifies for the job or not. If the applicant qualifies and wants the job, the alien will not obtain the labor certification. The employer needs to document all contact. If none of the applicants qualify, the employer needs to explain in detail why.

When the state agency completes its review, it sends the file to the U.S. Department of Labor, which does its own review. The U.S. Labor Department can challenge any and all work approved by the state agency and request that the employer comply with various changes such as salary, retest the market, etc. prior to issuing the labor certification. After the labor certification is issued, the employer can file the form I-140 Petition for Alien Worker.

On average, the labor certification process can take one to two years depending on how back logged the local state agency and the regional U.S. Department of Labor Office are.

There are provisions in place to speed up the labor certification process for job positions that have been determined by the Labor Department to be a shortage. However, it has yet to be determined whether such designation really speeds up the process. Only certain positions have been designated by the Labor Department to have shortages and the shortage is for local regions not national.