Labor Certification in Miami
Updated on Wednesday 21st December 2016
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The labor certification refers to the steps taken by the Department of Labor in the United States of America (USA) to verify the availability of jobs on the employment market, as well as the types of employees which are available to fill in that particular position. Foreign employees are allowed to work in US based on various employment visas provided by the local authorities. However, the employer has the legal duty of obtaining a labor certification from the above mentioned institution prior to actually employing a foreign worker in an American company. Our team of immigration lawyers in Miami can assist employers and employees with more details related to the legal aspects of the labor certification procedure.
Procedures related to labor certification in Miami
Those who want to employ a foreign worker in Miami, USA, are required to verify a set of aspects. In this sense, we mention the labor certification, which is a procedure carried out by the Department of Labor, and which is comprised of several steps.
First, the Department of Labor will have to verify if the employment market in Miami, US, provides any local employees who are interested in occupying a certain position in a company. For this, the Department will need to verify the qualification of the local employees, as well as their availability to occupy a certain position on a designated salary.
If there are no satisfactory results, then the respective job will be trusted to a foreign worker, provided that the American company will not change the level of the salary and the employment conditions. Persons interested in immigration in Miami for employment purposes should study the rights given under the Permanent Employment Certification.
Only after these aspects are verified, the local employer may seek a foreign worker. Our immigration attorneys in Miami can provide more information on this aspect.
Requirements for the employer in Miami, US
The employer will be required to fill an Application for Permanent Employment Certification (ETA Form 9089). The document should describe the requirements that should be met by an employee, the wage level as well as the proof that the employer tried to find a suitable employee, through recruitment procedures.
Our immigration lawyer in Miami can offer legal assistance on how to fill in the labor certification form.