Immigation Office of Peter G. Smith

ph: 410-889-5540

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Labor Certification

Employer must sponsor you & look for an American worker too.

The Basics

You must have a job offer, and then your employer must search for an equivalent American worker that he cannot find. This involves advertising the job position, a recruiting process, and you the foreign worker left as the only viable candidate for the position.

A petition for "certification" is then sent to the Department of Labor after getting a "prevailing wage determination" and after the recruiting process is completed.

If certification is approved, a petition is then filed with the USCIS for a green card. Skilled workers and unskilled workers in categories 3-4 will have long waiting periods for the green card.

The Employer & Attorney

• Draft a job description

Determine the prevailing wage

• Document Recruiting process

File the Labor Certification Application

If approved, file for the green card.

• Process takes six-twelve months

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Labor Certification works best when an employer is motivated to help keep you.

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