What is the labor card processing process of the U.S. Department of Labor?

Steps for applying for a labor card in the United States

First, the application for a labor card must be submitted by the employer. In other words, if you immigrate to the United States through a labor certification, the applicant must first find an employer willing to apply for a labor certification. At the same time, since the employer must prove to the Ministry of Labor that the employer really needs to hire people, that is, that there are job opportunities, applicants cannot set up a company to hire themselves. Generally speaking, if a family member applicant holds a large number of shares in the company, or the owner of the company is a relative of the applicant, the application will not be approved.

The employer should fill in the ETA-750 form

The employer should fill in the ETA-750 form when applying for a labor certification. Make two copies and send them to the Employment Security Administration (STATE EMPLOYEMT SECURITY AGENCY, referred to as SESA) in the state where the employer is located. After SESA receives the application form, it will stamp the receipt date on the form. This date will be the waiting date for future immigration applications. At the same time, SESA will also notify the employer that the application has been received and the required waiting time. In California, it takes about 26 weeks from the time SESA receives the application form to the time it is processed.

Due to the large number of applicants and increasingly strict legal regulations, employers should make sufficient preparations before applying. At least the following points should be considered:

(1) Whether the salary paid by the employer is lower than the ordinary wage (PREVALLING WAGE). If it is lower than the ordinary wage stipulated by law, whether the employer can make sufficient claims Documentation to demonstrate that the wages requested by the Department of Labor are excessive.

(2) Employers cannot impose additional requirements to prevent U.S. citizens or U.S. permanent residents from applying.

(3) Employers should understand the current labor market to determine whether the wages offered will attract too many U.S. citizens or permanent residents to apply.

(4) If the conditions are met, the employer can advertise and recruit in advance.

US Labor Card review process

SESA will review the application after receiving it. The review focuses on the following points:

(1) Review the form to ensure that the form is filled in completely and the employer’s signature is correct.

(2) Determine the wage responsibilities proposed by the employer. Job title.

(3) Determine whether the salary proposed by the employer is lower than the ordinary salary.

(4) Determine whether the employer has made excessive salary responsibilities and requirements.

(5) Determine that the applicant meets the conditions.

If SESA believes that the conditions proposed by the employer do not meet the relevant regulations, it will issue a NOTICE OF FINDINGS to the employer to indicate the problem. Require, or modify the non-compliance in the application, or insist on the conditions proposed, and explain why these conditions are not inconsistent with the legal provisions.

After this, SESA will at least advertise for recruitment. . The recruitment steps include the following three parts:

(1) Enter the salary opportunities provided by the employer in the state government's employment database so that unemployed people in the United States can check. (2) Post a recruitment notice at the employer's workplace so that other employees of the employer and their relatives can apply.

(3) Publish the advertisement in a local newspaper for three consecutive days; or in a national professional magazine. Post the advertisement.

After the advertisement is published, SESA will forward the resumes of the applicants received to the employer. Employers should promptly contact all applicants and determine why they are not eligible for labor certification. The proposed basic conditions. The employer shall submit a written report to SESA describing the circumstances of each applicant and providing reasonable, job-related reasons for rejecting each applicant if the applicant meets the basic conditions even if he is otherwise inferior to the applicant. People, if the employer rejects the applicant, it will also cause the labor certification application to fail.

After receiving the employer’s written report on recruitment, SESA will compile all application-related documents and forward them to the regional office of the Ministry of Labor. The final decision is made by the CERTIFYING OFFICER of the regional office. The Department of Labor *** has ten regional offices, but almost all labor certification applications are processed by three regional offices in San Francisco, New York, and Philadelphia. Therefore, the backlog of cases in these three offices is piling up, which is a waste of time.

At the same time, the approval officer of the regional office has the right to re-examine each application. If the approving officer considers that there are any irregularities in the application, he or she will issue a written notice to the employer requesting clarification. The employer should respond within 35 days. Otherwise, the application is automatically rejected and the employer is not allowed to make the same application for six months. If the application is rejected for other reasons, the employer may appeal to the relevant authorities. Once the labor certification is approved, it will remain valid until the applicant obtains a U.S. green card.