Immigration Law

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To hire foreign workers, employers must seek labor certification

Going outside of America to supplement the pool of qualified workers for companies is nothing new. Many business owners in Birmingham, Alabama, have already discovered the value of employing skilled foreign nationals.

Nonetheless, the first obligation of the government is to protect the employment rights of American citizens. As such, immigration laws require you to look for qualified workers in the U.S. before looking elsewhere. If you cannot fill the vacant position with an American worker, you may be eligible to hire candidates from other nations.

Completing the foreign labor certification process

Immigration laws concerning immigrant workers can appear complicated, but they might be easier to understand than you may have thought. One of the first things you must do is complete the labor certification process, which consists of several steps.

  • Identify the reason you need to hire outside of the country (limited labor pool, etc.)
  • Find out if your job vacancy qualifies for foreign labor certification
  • Complete the employment training and administration (ETA) form
  • Show that your job candidate will receive the average prevailing wage (paid to those performing similar work)
  • Sign the ETA form to attest you have met all requirements
  • Send the form, along with any necessary attachments, to the appropriate office

If you have followed the instructions correctly, you might not experience any difficulties completing the certification and taking on foreign employees. However, many find it beneficial to seek professional guidance when looking to hire foreign national employees.

Another way to ensure your quest to hire outside of the U.S. finds success is to become familiar with the nation’s employment and immigration laws.

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