More and more American companies are looking outside our borders for bright, talented workers that can diversify their workforce and help them compete in a global market. While finding the employee that’s the right fit for your company may seem difficult, facing the Department of Labor and U.S. Citizenship and Immigration Services can be a nightmare. Hiring foreign workers for employment in the United States is a complex and time consuming; therefore having an attorney to guide you through the process can be invaluable.

Foreign labor certification is a prerequisite for bringing foreign workers to American companies. Handled by the Department of Labor, this is a necessary first step for employers before any visa applications can be completed. Depending on whether you’d like to employ someone permanently or temporarily the process greatly varies, however there are some common requirements to all labor certification and labor condition applications:

1. Ensure the position meets the qualifying criteria for the requested program (this can include making sure the job is appropriate for someone coming in on the visa you’ll eventually be applying for).
2. Complete the appropriate paperwork. And there will be lots of it. Make sure any supporting documentation that is required is complete and accurate, or you can lose valuable time having your application returned to you.
3. Determine the prevailing wage for the occupation in which you’re hiring (the DOL tells you how), then make sure the salary you’re offering your perspective employee meets or exceeds it.
4. Make sure you understand what you’re agreeing to. Infractions are not taken lightly by USCIS or the DOL, and you could be putting your future employee’s visa in jeopardy. Talk to your attorney about what you must do for your employee, and what your employee must do for you.
5. Mail in your paperwork, or take advantage of the DOL’s convenient online filing, which can reduce wait time significantly.

Whether you hope to hire a foreign worker temporarily or permanently, some type of labor certification application will be required.  Furthermore, with major changes in this process frequently — in fact, current pending federal legislation may change the requirements for the H1-B visa and L-1 visa labor certification process — it’s important to allow extra time for processing and understand all the Department of Labor’s requirements. Without a proper and approved labor certification or labor condition application, visa applications to U.S. Citizenship and Immigration Services will be denied.

It also is important to stay abreast of local requirements and lobbying activity.  As reported on CNN last fall, in Chicago the Cook County Board of Commissioners passed a resolution requiring a 30-day period for U.S. citizens to apply for technology jobs before an employer even can request to bring in foreign nationals on an H-1B visa or L-1 visa.  Click play to view the CNN report.

For further information on the Foreign Labor Certification process and hiring employees who require and H-1B visa or L-1 visa, contact our firm.