The labor certification process provides the employer with the means to assure that there are no U.S. employees available for the job at wages that are a material factor in making the employment of foreign workers necessary. The DOL allows for recruitment and advertising; you cannot use this program if you do not engage in recruitment efforts. The DOL also lists the factors that an employer must consider when determining if the employment of foreign employees will adversely affect U.S. workers’ wages and working conditions. Companies that use these foreign worker programs hire employees from other countries through similar H-1B visa programs for skilled workers.
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