enfield scope

Recruiting a Foreign Employee to a U.S. Business

As companies become more and more specialized, it becomes increasingly difficult to find qualified employees to fill the unique jobs needed. Many businesses have become more international in scope, hiring workers from all over the world to collaborate on complex projects. This has become especially true for the medical, science, engineering, and technology fields. In some cases, only a few people in the world may have the necessary qualifications to fill a specific position. This may lead a U.S. business to search abroad to find a qualified employee to bring to the United States.

Seeking Labor Certification

When a business wishes to recruit a foreign national for work in the United States, the company must obtain a labor certificate from the U.S. Department of Labor. The labor certification process may seem complex, but with the guidance of a labor certification lawyer, the prerequisites and documentation can be completed quickly and successfully.

Before looking abroad for recruitment, a business must be able to demonstrate that there is a shortage of qualified U.S. applicants. A company does this by providing evidence of the following:

- Participation in U.S.-based recruiting efforts (newspaper ads, attendance at job fairs, campus recruiting efforts, posting the available positions at company offices and on the website, etc.)
- Submitting a job order to the State Workforce Commission for a minimum of 30 days

In addition, company documentation submitted to the Department of Labor must include:

- Total number of available job openings
- The number of U.S. applications received
- Total number of U.S. applicants interviewed
- Reasons for rejecting U.S. applicants deemed to be unqualified
- Total number of job openings remaining after hiring process

After the prerequisites above are met and the required documentation is prepared, an experienced labor certification attorney can help you file your application for a labor certificate. An application that provides detailed documentation of the company's recruiting efforts will likely be processed within 45 to 60 days. Once an application is approved, the business will receive a labor certificate and will be able to apply for an immigration petition on behalf of the foreign national worker. This will allow the foreign national to enter the United States for employment at the certified business.

For More Information

A prepared and well organized business may be able to be approved for a labor certificate within a short time. Without the necessary documentation, however, a business risks having its application delayed or denied, limiting its ability to recruit the best in the field.

To learn how your business can maximize its chances of having its labor certification application approved expediently, visit the website of the Orange County labor certification attorneys of Garg & Associates, P.C., today.

About the Author

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