Many professionals working in other countries might like to pursue careers in the United States. They usually need visas to make that dream a reality.
Some professionals working in other countries have jobs with companies that have an established presence in the United States. They could be eligible for intracompany transfer visas. Most other professionals must leverage their education and experience to seek new employment with a domestic business. That process can be quite complicated and may require the cooperation of the employer at issue.
Businesses seeking to hire foreign workers for domestic roles must complete a labor certification as part of that process. What does a labor certification require?
Employers must prove the need to hire internationally
Technically, the worker seeking a job in the United States plays no role in the labor certification process. Their prospective employer must secure a labor certification. The purpose of a labor certification is to validate the claim that the company must hire foreign professionals due to a lack of eligible candidates in the United States.
The labor certification process evaluates employment demand and vacancies in the United States. It may also help clarify prevailing wages for specific positions. The goal is to prevent international talent from undercutting the domestic labor market and denying professionals living in the United States opportunities.
A labor certification is typically necessary for any permanent hiring involving a foreign national worker who requires a visa to enter the United States and work in the country. Workers in high-demand careers such as engineering may find that their potential employers have a relatively straightforward process when seeking a labor certification.
Looking for jobs with companies that have already made the necessary arrangements to hire internationally can be the fastest solution. Foreign workers may also choose to partner with companies that can offer them future positions once they complete the labor certification and visa application process.
Having the insight and advice of a lawyer familiar with employment-based immigration is critical for professionals seeking domestic jobs. The more fully that professionals understand work-based immigration requirements, the easier it may be for them to find appropriate positions and secure the right to work in the United States.