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Blandon Law Immigration

Thursday, November 19, 2009

Labor Certification


     In two preference categories (see previous post), an employer must obtain a labor certification ("LC") to petition a foreign worker.  So, what is an LC?
     One of the definitions of socialism is that the community controls and owns production.  If that is true, then LC is little more than a socialist method of determining who works on behalf of a company.  Under a capitalist system, an employer (demand) hires from the world-wide pool of employees (supply).  In the LC world, the Department of Labor -- through a lengthy process that involves recruiting in different media -- determines whether there are any U.S. workers who are capable of performing the job.  If there are, the employer CANNOT petition the foreigner.
     LC has been called the Alice-in-Wonderland portion of immigration law because everything is not as it should be.  In the real world, an employer wants to hire the person with the best qualifications.  In the LC world, the employer must make the job available to someone who can satisfy the minimum requirements.  So, if an employer needs an in-house accountant and wants to petition for a Venezuelan with 20 years of experience, then the Dept. of Labor denies the case.  An accountant -- the DOL will argue -- only needs college, graduate school and a CPA license, but probably does not need work experience.  Surprise:  the employer must carefully determine every single job duty or risk denial.

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