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Philadelphia Immigration Lawyers Discuss the Reasons for Denial of Labor Certification

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A labor certification is an important part of applying for a green card through employment. A labor certification (or “labor cert” for short) is a market test for any employer wishing to sponsor a foreign national.

Essentially, if an employer is sponsoring a foreign national in order to fill a full-time job position at their company, they must first “test” the market in that area in order to determine if any U.S. citizens or permanent residents in the area can fulfill the position. If the position is filled, then the employer cannot sponsor the foreign national. Labor certs can be denied, and it is important to understand the reasons why to avoid future confusion.

 Incomplete Recruitment Efforts

One common reason for a denial of labor certification is if the market test was not properly advertised. There must be widely-visible or distributed “Help Wanted” or “Open Position” notifications for the position. The employer sponsoring a foreign national must, at minimum, advertise the position in the following ways:

  • For 30 days through the local State Workforce Agency.
  • In two consecutive Sunday newspaper advertisements in a paper generally circulated in the employer’s metropolitan area.
  • Any three additional recruiting methods, including job fairs, employee referral programs, or job search websites.

Job Description and Business Necessity

The position in question must be described in accurate detail. This stops employers from setting improbably high standards in order to discourage permanent residents from applying, keeping the position open for the foreign national in question. The job also must not be specifically “tailor-made” for the foreign national’s credentials. All credentials and requirements for the job should be considered “business-necessary,” and the position must not be frivolous.

 Job Availability, Layoffs, and Prevailing Wages

Additionally, a business cannot sponsor a foreign national through a labor cert if they have recently laid off or furloughed employees. Additionally, the payment offered for the position must be a reasonable “average” payment for the kind of position it is. This is in order to stop companies from “clearing out” employees in order to hire foreign nationals for cheaper prices.

Philadelphia Immigration Lawyers at Surin & Griffin, P.C. Assist With the Process of Immigration

If you or someone you know is trying to immigrate to the United States through a labor certification or other methods, the Philadelphia immigration lawyers at Surin & Griffin, P.C. are ready to be of assistance. If you are an immigrant in Philadelphia in need of representation, call us at 215-925-4435 or fill out our online form to begin.