Legal Question in Immigration Law in Florida

Re: Requirements of a Corporation to Sponsor an H1B Visa

It is necessary for an employer to prove that there are not sufficient U.S. workers who are able, willing, qualified and available at the time and at the place where the alien worker is to be employed.

Also, the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed. e.g., an employer cannot pay an alien less than it would pay a U.S. citizen for the same job, nor can an employer require the alien to work longer hours than a U.S. worker would have to work.

The labor certification process is technical and specific.

An application is filed with the Labor authorities (not the Immigration and Naturalization Service), describing the job being offered and the qualifications of the alien. The offer of employment must contain a complete description of the job to be performed and the minimum education, and experience required to satisfactorily perform the job. These minimum requirements are often less than those possessed by the alien. So if the alien has 20 years experience on the job but someone with 3 years experience could perform the job, the employer can only require someone in the U.S. workforce to have 3 years experience.

In addition, the employer must attempt to recruit U.S. workers through sources which are likely to produce workers and are customary to the occupation e.g. advertise in newspaper or magazine advertisements, unions, etc.

If the Labor Certification is approved by the Department of Labor, a petition is then filed with the Immigration and Naturalization Service to have the person categorized in one of the preferences.

The Labor Certification application is slow and whenever possible, the Reduction of Recruitment process should be used.

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