Fort Lauderdale Board of Alien Labor Certification Appeals Lawyer
Department of Labor Appeals: Labor Certifications
The Secretary of Labor is charged with the responsibility of making sure that when foreign workers are admitted into the United States that the employment opportunities and pay of United States workers are not damaged. This is true whether the foreign worker is being granted permanent status or will only be working in the United States on a temporary basis.
The actual process of determining whether a foreign worker will be granted a status that permits the worker to gain employment in the US is made by the Division of Foreign Labor Certification (DFLC) of the Employment and Training Administration. This department (DFLC) handles both permanent and temporary labor certifications. Permanent labor certifications are granted to immigrant workers and temporary labor certifications are granted to non-immigrant workers. Temporary labor certifications are further divided into the following categories: specialty workers, temporary foreign workers employed as Registered Nurses, agricultural labor or services of a temporary or seasonal nature, unskilled nonagricultural work, longshore work at United States ports by crewmembers on foreign vessels.
The Division of Labor Certification will make a determination in an individual case. If the employer wishes to appeal a determination of the DFLC it may do so to an administrative law judge or the Board of Alien Labor Certification Appeals. Information regarding the appeals process will be found in the notification of the determination of the Division of Labor Certification.
At Guerra, Sáenz, PL we can help the employer with the process of applying for employment status for a prospective employee and are knowledgeable in navigating the appeal of a negative determination if that becomes necessary. We have the experience to defend your rights and if you are a Spanish speaker we can consult with you and answer your questions in your native language. Our firm is experienced in all aspects of the immigration laws and the various appeals processes.
Permanent Labor Certification
If an employer obtains a permanent labor certification from the Department of Labor the employer can hire the employee to work permanently in the United States. Employers will apply for this certification for their prospective employees through the Program Electronic Management system, known as PERM. This permanent labor certification can lead to lawful permanent residence in the United States. The employer will be required to show that an attempt has been made to recruit employees for the position to be filled by the foreign worker and that the recruitment attempts have been unsuccessful. This recruitment attempt must be done as required by the Department of Labor. The employer must further show that the employment of the foreign worker will not lower the wages of the any United States workers or have a deleterious effect on the working conditions of the United States workers.
The PERM program has reduced the time required to process the applications. According to the Department of Labor the time required to handle a labor certification is 45 to 60 days.
PERM appeals to BALCA
If an employer submits an application under the PERM program and the application is denied, the denial can be appealed to the Board of Alien Labor Certification. Under certain circumstances the fact of having made a BALCA appeal can allow the extension of an H-1B temporary labor certification (professional worker category). An employer may not be able to file a new PERM for a prospective employee in cases in which there is a pending BALCA appeal. Guerra Sáenz can help you with the complexities of the foreign worker process and will fight for your rights and help you get the employment status you need. We understand the process and know what you are facing.
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