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ENEWS MAILING LIST |
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DISCLAIMER |
This information provided is not intended to replace the advice
of an attorney but is merely provided as a public service. Each
immigration case is different. For more information, consult with
Thomas Esparza, Jr., Board Certified Specialist
in Immigration and Nationality Law with more than 29 years of experience.
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> Information on Work Visas
With an approved labor certification the foreign worker and his/her
entire family may immigrate to the United States. It is the method
of choice for thousands of immigrants. Obtaining a labor certification
involves demonstrating to the Texas Workforce Commission and to
the Department of Labor that there are no qualified U.S. citizens
or lawful permanent residents available to perform a particular
job. A labor certification from the Department of Labor attests
to the INS, that no willing or qualified American workers have responded,
and that the employment of foreign nationals will not adversely
affect the wages and working conditions of similarly employed U.S.
workers.
The most important elements of the labor certification are:
* Determination of the prevailing wage by the TWC
* Description of the job duties
* Minimum requirements based on the job necessity
* Credentials and work experience
* Special requirements
The Texas Workforce Commission supervises the labor certification
recruitment process. The Job Order is issued and placed in the TWC
job bank. The employer must then:
* Post the job in the premises in a conspicuous place for 10 consecutive
business days.
* Recruit on local college campuses if the entry-level for the position
requires a college degree and no experience.
* Place an advertisement in a local newspaper of general circulation
for three consecutive days depending on the position offered.
The entire Labor certification procedure can take over three years.
The beneficiary of the labor certification can not legally work
for you the entire time that the process is taking place unless
they have an independent right to work such as an H-1B visa. If
he or she is working without authorization from the INS then the
Texas Workforce Commission will report that information to the INS.
INS could eventually begin removal proceedings against the employee
and might even file an employer sanctions case against the hiring
employer.
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