Recruiting a Foreign National Employee

Sometimes U.S. businesses have trouble finding qualified American employees for certain job positions. There may be little interest in the job, or it may require such a unique set of skills that the business must look outside of the country to find a person with the necessary background. When a U.S. employer wishes to recruit a foreign national employee, the business or organization must file a labor certificate with the U.S. Department of Labor.

For assistance with completing your labor certificate application quickly and successfully, contact the experienced Orange County labor certification attorneys of Garg & Associates, P.C. today at 949-540-6704.

Labor Certification Requirements

To legally recruit a foreign national employee for a U.S. job position, the business must show that qualified U.S. applicants are in short supply. The company demonstrates this by showing the Department of Labor the following:

  • Details of past recruitment efforts (newspaper ads, job fair participation, posting the notice on the company website, etc)
  • The number of job openings available
  • The number of U.S. applicants
  • The number of U.S. applicants invited for an interview
  • Reasons for rejecting U.S. applicants deemed to be unqualified
  • The number of job openings remaining after the hiring process

If all of the necessary documentation is filed and the prerequisite recruiting efforts have been completed, the U.S. Department of Labor may grant the business a labor certificate to recruit a foreign national employee. The business may then file an immigrant petition on behalf of the foreign national so that he or she may enter the U.S. for employment.

Contact Us

When all of the legal requirements are met, a labor certification application may be processed quickly and with little extra effort. Our Orange County labor certification lawyers can help to ensure that all of your documentation is completed and submitted in a timely manner to maximize your chances of a speedy approval. For assistance with the labor certification process, contact Garg & Associates, P.C. today at 949-540-6704.

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Garg & Associates, PC | 120 Vantis Suite 300 | Aliso Viejo, California 92656 | Please call 949-540-6704 | Fax: 562-264-1051

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