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Through a labor certification an immigrant can become a legal resident quickly even if he is undocumented (illegal) or is not physically present in the United States.
LABOR CERTIFICATION is the process that must be done by the employer of the foreign beneficiary. The basis of the process is that the employer in the US took the decision of hiring a migrant worker after that it was not possible to find the right person he needs in the domestic labor marketplace.
The requirements to be met by a US employer seeking to employ certain people whose immigration to the United States is based on job skills or temporary nonimmigrant workers who come to perform services for authorized workers are not available in the US and therefore must resort to a migrant worker abroad.
Labor Certification is issued by the Department of Labor and contains certifications US employers on the number of American workers available to perform the work requested by the employer, and the effect of employing a foreigner in wages and working conditions of US workers similarly employed. Determining availability of labor in the US it is done at the time of the visa application and the place where the applicant wishes to work.
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Who can apply for labor certification:
Absolutely ALL IMMIGRANTS within the US and also those who are abroad and want to receive a “GREEN CARD”.
Candidates may be:
IN GENERAL, ARE FOREIGNERS ANYWHERE IN THE WORLD.
University graduates or masters specialization.
Individuals who have a work visa.
Professionals and technicians.
Persons working in jobs such as gardening, chefs, sommeliers, plumbing, phlebotomy, sales, mechanical, painting, babysitters, electricians and so on.
Individuals who have visa transfer.
Persons who have any us visa including tourist / visit, student, religious worker, etc.
BENEFITS OF A LABOR CERTIFICATION:
DIRECT possibility of emigrating to the US from any country with spouse and children with a “green card”.
Even if you have no visa at all, you would be granted a special visa to travel and settle in the US.
THE BASE OF LABOR CERTIFICATION
The whole process is based on a job offering made to you byo a company or a person who is already operating within the US; not even a contract, simply bid on any US state.
I have a Political Asylum and want to get a Labor Certification:
When you have already obtained political asylum, Work Permit and Social Security Card, you can apply for a labor certification without impediment.
It is a cause that can be done in parallel because unrelated to one another.
The advantage of applying for a labor certification in parallel is that once approved, your employer may make the request of the I-140 (confirmation of vacancy and proof of the economic burden with employer tax documentation). Then the person may request Work Permit and Social Security status change from temporary to permanent (obtained previously in the Asylum process) ending at a Residence process, which will be permanent.
Once the labor certification is approved procedures must be performed to surrender the asylum process in order to receive the benefits of the Labor Certification Program or “PERM”.
Another scenario: the political asylum has already been approved and you are granted asylum in the US. If this is the case, you can apply for a labor certification withdrawing the status of asylee once the CERTIFICATION is approved, obtaining permanent residence with the program. The difference is that you could re enter the Asylee status if you so wish. More information:
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