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The Department of Labor (DOL)

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The U.S. Department of Labor (DOL) is responsible for protecting the nation’s workforce by making sure that workers enjoy safe conditions and fair employment practices. If you’re applying for immigration through employment, your potential employer and your employer’s attorneys will need to interact with the DOL.

Before a U.S. employer can hire a foreign worker, the employer will usually have to first obtain a DOL-issued labor certification. The certification is the DOL’s way of officially letting the USCIS know that there are no qualified U.S. workers available and willing to work at the prevailing wage in the occupation for which the employer wants to hire a foreign worker. For further information about the required labor certifications, visit the Foreign Labor Application Gateway at www.flag.dol.gov.

After a labor certification is obtained, the potential employer must petition the USCIS. For the proper forms, see the USCIS Working in the United States web page at www.uscis.gov/working-in-the-united-states. If everything passes USCIS approval, the case then goes to the National Visa Center (https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center.html) to await a visa number, or if you are in the United States, you may be eligible to apply for adjustment of status. Even if the DOL issues a certification, you aren’t guaranteed a visa. Whether you get a visa is ultimately up to the USCIS or State Department and also depends on visa availability. Nonetheless, applicants for a labor certification must prove they’re able to pass other necessary immigration qualifications, like those outlined in Chapter 3.

U.S. Citizenship For Dummies

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