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D.J.

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Labor Certification

Foreign labor certification programs are used to assure that using foreign workers in the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages or working conditions of American workers.

What is the basic procedure for labor certification?

Several government agencies must approve the hire of a foreign worker in order to obtain full labor certification. Certain visa categories first require employers to seek certification through the Department of Labor. Upon approval, a work visa has to be obtained from the USCIS, along with a visa number from the Department of State.

What work visa categories require labor certification?

The follow temporary work visa categories require labor certification?

H-1B (temporary skilled foreign worker)
H-1C (foreign nurse for a hospital in a disadvantaged area)
H-2A (temporary agricultural worker)
H-2B (temporary worker needed for less than one year)
D-1 (crewmember on a ship to do longshore work)

As an employer, how do I hire a foreign worker permanently?

See the Department of Labor's information on the subject here.



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