United States Department of Labor Overview

A company who is having difficulty in securing local workers for their workforce needs must first apply to the U.S. Department of Labor for a "Labor Certification." This is to certify that the employer is offering terms and conditions of employment that will not adversely affect similarly employed U.S. workers and that sufficient qualified U.S. workers are not available at the time.

The application may not be filed more than 120 days before the date workers are needed and must be filed at least 60 days before the date workers are needed. The employer and the State Labor Department will attempt to recruit local workers in the United States. If U.S. workers cannot be found, a labor certification for the job opportunities that remain unfilled will be issued to a company.

Once a company receives the labor certification, they may petition the United States Citizenship and Immigration Services (USCIS) for alien worker visas.

The employer must recruit foreign workers. When the company's petition is approved by the USCIS, the worker(s) recruited by the employer apply for visas to enter the United States at U.S. consulates abroad. The workers then legally enter the U.S. to work for the company receiving the certification.