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When will the government grant labor certification?

Your pursuit of work in the United States as a foreign visitor has probably landed you in a temporary work position. Your performance has impressed an employer to the point where your workplace wants to hire you on a permanent basis. One option to stay in the country as a permanent worker is to have the government grant your employer a labor certification. 

Usually, it is up to the U.S. Department of Labor to provide a labor certification. The DOL will not automatically approve a certification. There are some factors that the DOL will consider in order to make your new status happen. 

Meeting qualifications

There are some requirements you must meet for the government to grant labor certification. The job must be a full time position. Your employer should offer you a permanent position, not a job that is temporary or expires on a seasonal basis. According to the DOL, your employer must file the paperwork on your behalf. It is up to your employer to send the necessary applications to the Department of Labor for consideration. 

Filling an employment gap

The U.S. government has concerns about allowing international workers fill jobs that qualified American workers would otherwise handle. However, not all jobs or positions have an American worker that possesses the needed qualifications. Even if skilled workers exist, they may not be available for those jobs. Sometimes there are no American citizens willing to apply for certain jobs. 

You may possess the skills and the willingness to take on a job that no American citizen will apply for. If so, the government could decide that granting a labor certification so you can permanently work at a certain job will not affect the labor or wages of American workers. While meeting the aforementioned requirements does not guarantee a certification, it can do a lot to help your case. 

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