Statistics:

Visa Type:

• E-1 Visa: Treaty Traders
• E-2 Visa: Treaty Investors
• E-2C Visa: CNMI-Only Investor 9 Commonwealth of the Northern Mariana Islands)
• E-3 Visa: Certain Specialty Occupation Professionals from Australia
• E-3D Visa: Dependent Visa for spouses of E-3 holders
• E-3R Visa: returning Australian professionals whose original visas had expired

H-1B Visas are non-immigrant visas which allows U.S. employers to temporarily employ foreign professionals in specialty occupations for three years, extendable to six years. 

Family: Spouse and unmarried children under 21 years of age could apply for H-4 non-immigrant visa. They do not have work authorization under H-4 status. 

Green Card Intent: Dual Intent is permitted. (Doctrine of Dual Intent allows visa holders to enter the U.S. while simultaneously seeking lawful permanent resident status(green card status)). 

Statistics: In fiscal year 2010, USCIS received 147,937 applications for H-1B visa, approved 117,409 of them, and denied 30,528, waived or overcome 26,902. 

Department of Labor(DOL) typically certifies more than 3 times the number of foreign work requests than the number of H-1B visas issued by USCIS. 

H1B Visa Qualification
To qualify for H1B Visa, the foreign professional must hold a bachelor’s or higher degree from an accredited college or university in the specialty occupation. If the foreign professional holds a foreign degree, then that degree must be determined to be the educational equivalent of a U.S. bachelor’s degree. 

The foreign professional may also obtain an educational equivalence through a combination of education, specialized training or progressive work experience. Three years of specialized experience is generally considered equivalent to one year of college education.

For example, if a foreign professional has a three year associate degree, he or she must at least have 3 year of relevant post-graduate experience to be qualified for H1B Visa. 

H1B Visa Occupation

An H-2A visa(Temporary Agricultural Workers) allows a foreign national entry into the U.S. for temporary or seasonal agricultural work. 

H-2A visa is a program for Temporary Agricultural Workers. which is different from H-2B Visa program for non-agricultural temporary worker. 

Period of Stay: initial stay of no more than 1 year, could be extended in increments of 1 year. The maximum period of stay is 3 years. 

Family: Spouse and unmarried children under 21 years of age of an H-2A worker may seek admission in H-4 nonimmigrant classification. H-4 Visa holder does not have work authorization in United States. 

Green Card Intent: Not permitted. A foreign worker in H-2A nonimmigrant status for 3 years is required to depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant. 

H-2A Program Process 

1. Employer Submits Temporary Labor Certification Application to the U.S. Department of Labor.
2. Employer Submits a Form I-129 to USCIS.
3. Prospective Workers Outside the United States Apply for Visa and/or Admission.

Statistics: In fiscal year 2010, USCIS received 64,071 applications for H-2A visa, approved 55,921 of them, and denied 8,150, waived or overcome 2,449. 

H-2A Qualification 

• The job offered must be of a temporary or seasonal nature.
• The employer must demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work.
• The employer must show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers
• Generally, a single, valid temporary labor certification from the U.S. Department of Labor must be submitted with the H-2A petition.

More Ways to Get a Green Card

• Amerasian Child of a U.S. Citizen
• American Indian Born in Canada
• Armed Forces Member
• Cuban Native or Citizen
• Diversity Immigrant Visa Program
• Haitian Refugee
• Help HAITI Act of 2010
• Indochinese Parole Adjustment Act
• Informant (S Nonimmigrant)
• Lautenberg Parolee
• Legal Immigration Family Equity (LIFE) Act
• Person Born to Foreign Diplomat in United States
• Registry
• Section 13 (Diplomat)
• Victim of Criminal Activity (U Nonimmigrant)
• Victim of Trafficking (T Nonimmigrant)

Green Cards Through Special Categories of Jobs

• Afghan/Iraqi Translator
• Broadcaster
• International Organization Employee
• Iraqi Who Assisted the U.S. Government
• NATO-6 Nonimmigrant
• Panama Canal Employee
• Physician National Interest Waiver
• Religious Worker

Green Cards Through Special Categories of Family

• Battered Spouse or Child (VAWA)
• K Nonimmigrant (includes fiancé(e))
• V Nonimmigrant
• Widow(er)

H-2B Visa program has the same list of eligible country list as H-2A program. 

Effective Jan. 18, 2011, DHS and Dept. of State published on Federal Register that the nationals from the following countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu. Of these countries, the following were designated for the first time this year: Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

The H-2B (non-agricultural temporary worker program) allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. 

H-2B visa is for non-agricultural temporary worker, different from H-2A Visa for temporary agricultural workers. 

Period of Stay: initial stay of no more than 1 year, could be extended in increments of 1 year. The maximum period of stay is 3 years. 

Family: Spouse and unmarried children under 21 years of age could apply for H-4 non-immigrant visa. They do not have work authorization under H-4 status. 

Green Card Intent: Dual Intent is not permitted. A foreign worker in H-2B nonimmigrant status for 3 years is required to depart and remain outside the United States for an uninterrupted period of 3 months. 

Statistics: In fiscal year 2010, USCIS received 63,588 applications for H-2B visa, approved 47,403 of them, and denied 16,185, waived or overcome 5,324. 

H2-B Visa Cap
Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year. Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no “carry over” of unused H-2B numbers from one fiscal year to the next. 

H2-B Visa Cap Exemption

• Fish roe processors, fish roe technicians and/or supervisors of fish roe processing
• Workers performing labor or services in the Commonwealth of Northern Mariana Islands (CNMI) and/or Guam(11/28/2009-12/1/2014)

H-2B Visa extension and the spouse and children of H-2B workers holding H4 visa are not counted against H-2B Visa cap. 

H-2B Program Process 

1. Employer Submits Temporary Labor Certification Application to the Department of Labor.
2. Employer Submits Form I-129 to USCIS.
3. Prospective Workers Outside the United States Apply for Visa and/or Admission.

Statistics: 

Visa Type:

• P-1A Visa: Internationally Recognized Athlete
• P-1B Visa: A Member of an Internationally Recognized Entertainment Group
• P-2 Visa: Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program
• P-3 Visa: Artist or Entertainer Coming to Be Part of a Culturally Unique Program
• P-4 Visa: Spouse, or child under the age of 21, of a P-1, P-2, or P-3 alien and who is accompanying, or following to join, the alien.

“International Recognition”

The congressionally mandated Diversity Immigrant Visa Program   Green Card Lottery 2015
makes available up to 55,000 diversity visas (DVs) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. 

The lottery is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). 

Statistics: Applicants registered for the DV-2010 program were selected at random from over 13.6 million qualified entries received during the 60 day application period that ran from noon on October 2, 2008, until noon, December 1, 2008. 

Important Development 
On July 21, 2011, the House Judiciary Committee approved the Security and Fairness Enhancement (SAFE) for America Act (H.R. 704), a bill that eliminates the diversity visa program. This program is plagued by fraud and is an open door for terrorists. The bill, sponsored by Intellectual Property Subcommittee Chairman Bob Goodlatte (R-Va.), was reported favorably to the House floor by a vote of 19-11. 

Ineligible countries 
Those born in any territory that has sent more than 50,000 immigrants to the United States in the previous five years are not eligible to receive a diversity visa. 

For DV-2013, natives of the following nations are ineligible: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. The entry period to apply for the DV-2013 is from October 4, 2011 to November 5, 2011. 

False and Scam 
There is no charge to enter the diversity visa lottery, and the only way to do so is by completing and sending the electronic form available at the U.S. Department of State’s website during the registration period. However, there are numerous companies and websites that charge a fee in order to complete the form for the applicant. The Department of State and the Federal Trade Commission have warned that some of these businesses falsely claim to increase someone’s chances of winning the lottery, or that they are affiliated with the U.S. government 

There have also been numerous cases of fraudulent emails and letters which falsely claim to have been sent by the Department of State and that the recipient has been granted a Permanent Resident Card.

Labor certification is generally required unless applicant can obtain a national interest waiver. Employer or self-petitioner must file a Form I-140, Petition for Alien Worker. There are three sub-groups within this category:

• Advanced Degree: The job offer must require an advanced degree and the applicant must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).Labor certification from DOL is required.
• Exceptional Ability: applicant must demonstrate a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
• National Interest Waiver: The Labor Certification can be waived because it is in the interest of the United States. National interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the national. The applicant could self petition without employer.

Employment First Preference (EB-1): Priority Workers 
Labor certification is not required. There are three sub-groups within this category:

• Extraordinary Ability: Persons with extraordinary ability in the sciences, arts, education, business, or athletics.
• Outstanding Professors and Researchers: Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.
• Multinational Manager or Executive: Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.

Application Process: 

1. Extraordinary Ability: applicant may petition for yourself by filing a Form I-140, Petition for Alien Worker.
2. Outstanding Professors and Researchers: employer must file a Form I-140, Petition for Alien Worker.
3. Multinational Manager or Executive: employer must file USCIS Form I-140, Petition for Alien Worker.

Immigration and Nationality Act(Section 201) sets 140,000 employment-based immigrant visas to qualified applicants. Each country is limited to receive 7% of the quota(9,800). Employment based immigrant visas are divided into five preference categories. EB-1, EB-2 and EB-3 categories each receive 28.6% of the annaul visa quota, EB-4 and EB-5 each receive 7.1%.

Spouses and unmarried children younger than 21 may accompany or follow-to-join employment-based immigrants.

Employment First Preference (EB-1): Priority Workers 
Labor certification is not required. There are three sub-groups within this category:

• Extraordinary Ability: Persons with extraordinary ability in the sciences, arts, education, business, or athletics.
• Outstanding Professors and Researchers: Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.
• Multinational Manager or Executive: Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.

Application Process: 

1. Extraordinary Ability: applicant may petition for yourself by filing a Form I-140, Petition for Alien Worker.
2. Outstanding Professors and Researchers: employer must file a Form I-140, Petition for Alien Worker.
3. Multinational Manager or Executive: employer must file USCIS Form I-140, Petition for Alien Worker.

Employment Second Preference (EB-2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability
Labor certification is generally required unless applicant can obtain a national interest waiver. Employer or self-petitioner must file a Form I-140, Petition for Alien Worker. There are three sub-groups within this category:

• Advanced Degree: The job offer must require an advanced degree and the applicant must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).Labor certification from DOL is required.
• Exceptional Ability: applicant must demonstrate a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
• National Interest Waiver: The Labor Certification can be waived because it is in the interest of the United States. National interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the national. The applicant could self petition without employer.

Employment Third Preference (EB-3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
Labor certification and a permanent, full-time job offer required. Employer must file a Form I-140, Petition for Alien Worker. There are three sub-groups within this category:

• Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
• Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
• Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Employment Fourth Preference (EB-4): Certain Special Immigrants
Labor certification is not required. Applicant must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad 

There are many sub-groups within this category, including

• Religious Workers
• Broadcasters
• Iraqi/Afghan Translators
• Iraqis Who Have Assisted the United States
• International Organization Employees
• Physicians
• Armed Forces Members
• Panama Canal Zone Employees
• Retired NATO-6 employees
• Spouses and Children of Deceased NATO-6 employees

Employment Fifth Preference (E5): Immigrant Investors
Labor certification is not required. Generally the minimum qualifying investment in the United States is $1 million. The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000(Targeted Employment Area). The investment in a commercial enterprise in the United States must creates at least 10 new full-time jobs for U.S. citizens, permanent residents, or other lawful immigrants, not including the investor and his or her family. 

Applicant must file an Immigrant Petition by Alien Entrepreneur, Form I-526, with USCIS 

Main ways of Employment Green Card:

• Green Card Through a Job Offer: Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker.
• Green Card Through Investment: investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.
• Green Card Through Self Petition: “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.
• Green Card Through Special Categories of Jobs: require a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. The jobs include Afghan/Iraqi Translator, Broadcaster, International Organization Employee, Iraqi Who Assisted the U.S. Government, NATO-6 Nonimmigrant, Panama Canal Employee, Physician National Interest Waiver, Religious Worker

Green Card Through a Job Offer Process 

1. The applicant’s employer must first obtain a labor certification approval from the Department of Labor.
2. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.
3. If You Are Living Outside the United States You can become a permanent resident through consular processing when living outside the United States. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-140 petition when a visa is available.
4. f You Are Living in the United States You can become a permanent resident through adjustment of status when living inside the United States. Once the I-140, Immigrant Petition for Alien Worker, is approved and a visa number is available you can apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident.

A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. visa, which is placed in the traveler’s passport. Certain international travelers may be eligible to travel to the U.S. without a visa if they meet the requirements for visa-free travel. 

There are two main categories of US visas: non-immigrant visas for travel to the United States on a temporary basis or immigrant visas for travel to live permanently in United States. 

Major non-immigrant worker visas include H-1B Visa, H-2A Visa, H-2B Visa, L Visa, O Visa and TN Visa. Holders of Student Visa(F-1 Visa, M-1 Visa), Exchange Visitor Visa(J-1 Visa), Visitor Visa for Business Purpose(B-1 Visa) could also apply for work authorization under some circumstance.

What is a “willful violator employer”?
“Willful violator” or “willful violator employer,” means an employer that meets all of the following standards:

• A finding of violation by the employer is entered in either of the following two types of enforcement proceeding:
  1. A Department of Labor proceeding under the Immigration and Nationality Act (INA) § 212(n)(2); (8 U.S.C. § 1182(n)(2)(C); or
  2. A Department of Justice proceeding under INA § 212(n)(5); (8 U.S.C.§ 1182(n)(5).)
• The agency (DOL) finds that the employer has committed either a willful failure or a misrepresentation of a material fact (two of the Labor Condition Application (LCA) attestations; and
• DOL’s finding is entered on or after October 21, 1998.

A willful violator employer must comply with additional attestations under any LCA it files within five years of the willful violation finding. The only exception is when an LCA is filed for and used exclusively for exempt H-1B workers (see WH Fact Sheet #62Q).
Willful violators and H-1B-dependent employers (see WH Fact Sheet #62C) which file an LCA must meet the following additional requirements:
The employer has not displaced a U.S. worker at the time of filing an H-1B visa petition (see WH Fact Sheet #62N);

Before placing an H-1B worker at a secondary employer’s work site, the employer has inquired as to the secondary employer’s intent to displace a U.S. worker (see WH Fact Sheet #62N);

• The employer has taken good faith steps to recruit U.S. workers (see WH Fact Sheets #62O and #62P); and
• The employer has offered the job to any equally or better qualified U.S. worker who applies for the job for which the H-1B worker is sought (see WH Fact Sheets #62O and #62P).

Willful violators are subject to random investigations by the Department of Labor for a period of up to five years from the date that the employer is determined to be a willful violator. The Wage and Hour Division maintains a current list of such H-1B willful violators.

H-1B Debarred/Disqualified List of Employers

*This list is effective as of March 31, 2014.

The table represents the number of US jobs created or lost during the years of each presidents’ term. Sometimes these numbers are debated:they include only non-farm payroll employment, which excludes certain types of jobs, notably the self-employed. However, as a semi-balancing factor, they count one person with two jobs as two employed persons. Another factor to consider is population growth, which provides opportunities for the creation of jobs, rendering these figures less impressive.
JOB DESCRIPTION: This step is a beginning of the process and it must be provided to the SWA when requesting a prevailing wage information. PREVAILING WAGE: Employer is not permitted to offer a wage rate lower than the prevailing wage rate. RECRUITMENT SOURCES: Job posting in SWA: Employer is obligated to place a job order with the SWA serving the area of designated employment. The 30 day job order timeframe must end at least 30 days prior to filing. Online job posting: We are able to offer you discounts on placing a postings on an online job board. We collaborate with many job board owners and receive special discounts, which are passed on directly to you. Printed media job posting: Most employers, based on their normal recruiting efforts, will be able to readily identify those newspapers (or journals for certain professional positions) that are most likely to bring responses from able, willing, qualified, and available U.S. workers.Employment firm: Since an employment agency is a subsidiary of or company, this service discount is definitely considerable.

Does the job location address need to be included in the advertisement?

No, the address does not need to be included. However, advertisements must indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity. Employers are not required to specify the job site, unless the job site is unclear; for example, if applicants must respond to a location other than the job site (e.g., company headquarters in another state) or if the employer has multiple job sites.

Does the employer’s address need to be included in the advertisement?

No, the employer’s physical address does not need to be included in the advertisement. Employers may designate a central office or post office box to receive resumes from applicants, provided the advertisement makes clear where the work will be performed.

Does the offered wage need to be included in the advertisements?

No, the offered wage does not need to be included in the advertisement, but if a wage rate is included, it can not be lower than the prevailing wage rate.

Why must the advertisement medium be different in order for advertisements to be counted as additional steps? For instance why is it not permissible to count advertisements on two separate web sites as two steps or to place a third advertisement in the same newspaper of general circulation rather than using a local or ethnic publication and have it count as an additional step?

As with all the recruitment requirements, the purpose of requiring the employer to use three additional recruitment steps is to ensure that the greatest number of able, willing, qualified, and available U.S. workers are apprised of the job opportunity. It should be noted that each of the steps may target slightly different applicant populations. Using at least three of the additional steps normally used by businesses to recruit workers is a means of apprising a greater number of U.S. applicants of the job opportunity and more adequately substantiates an employer’s claim there are no available U.S. workers for the job offer.

What level of detail regarding the job offer must be included in the advertisement?

Employers need to apprise applicants of the job opportunity.
The regulation does not require employers to run advertisements enumerating every job duty, job requirement, and condition of employment.
As long as the employer can demonstrate a logical nexus between the advertisement and the position listed on the employer’s application, the employer will meet the requirement of apprising applicants of the job opportunity.

An advertisement that includes a description of the vacancy, the name of the employer, the geographic area of employment, and the means to contact the employer to apply may be sufficient to apprise potentially qualified applicants of the job opportunity.

NOTE: While employers will have the option to place broadly written advertisements with few details regarding job duties and requirements, they must prepare a recruitment report that addresses all minimally qualified applicants for the job opportunity.
If an employer places a generic advertisement, the employer may receive a large volume of applicants, all of whom must be addressed in the recruitment report.

Employers placing general advertisements may wish to include a job identification code or other information to assist the employer in tracking applicants to the job opportunity.

If the employer includes job duties and requirements in the advertisement, must they be listed on the Application for Permanent Employment Certification, ETA Form 9089, as well?

Yes, if an employer wishes to include additional information about the job opportunity, such as the minimum education and experience requirements or specific job duties, the employer may do so, provided these requirements also appear on the ETA Form 9089.

When advertising for a professional occupation, must the required steps, i.e., the job order, the two print advertisements, and the three additional recruitment steps be different? 

Generally, all the required steps must be different.

Steps can not be duplicated nor can one step be used to satisfy two requirements, except in the case of copies of web pages generated in conjunction with the newspaper advertisements which can serve as documentation of the use of a web site other than the employers.
For example, the employer can not count two advertisements in a local and/or ethnic newspaper, or two postings on a web site, as two steps.
Similarly, the employer can not use a professional journal in lieu of a second Sunday newspaper advertisement and then count it again as an additional “trade or professional organizations” recruitment step, or count the job order again as an additional “web site other than the employer’s” step. 

How does an employer determine whether to advertise under the recruitment requirements for professional occupations or nonprofessional occupations?

The employer must recruit under the standards for professional occupations set forth in § 656.17(e)(1) if the occupation involved is on the list of occupations, published in Appendix A to the preamble of the final PERM regulation, for which a bachelor’s or higher degree is a customary requirement.

For all other occupations not normally requiring a bachelor’s or higher degree, employers can simply recruit under the requirements for nonprofessional occupations at § 656.17(e)(2).
Although the occupation involved in a labor certification application may be a nonprofessional occupation, the regulations do not prohibit employers from conducting more recruitment than is specified for such occupations.

Therefore, if the employer is uncertain whether an occupation is considered professional or not, the employer is advised to conduct recruitment for a professional occupation.

The actual process for permanent labor certification varies depending upon the program being used.

The filing of applications is the responsibility of the employer, not the employee.

However, the employee can benefit from understanding the program being utilized in his/her behalf. In general, the Department of Labor (DOL) works to ensure that the admission of foreign workers to work in the U.S. will not adversely affect the job opportunities, wages and working conditions of U.S. workers. Once a permanent labor certification application has been approved by the DOL, the employer will need to seek the immigration authorization from USCIS.

Hiring foreign workers for employment in the U.S. normally requires approval from several government agencies. In most instances, employers first seek labor certification from the U.S. Department of Labor (DOL).

Although each foreign labor certification program is unique, there are similar requirements that the employer must complete prior to the issuance of a labor certification. In general, the employer will be required to complete these basic steps to obtain a labor certification:

1. The employer must ensure that the position meets the qualifying criteria for the requested program.
2. The employer must complete the ETA form designated for the requested program. This may include the form and any supporting documentation (e.g., job description, resume of the applicant, etc.).
3. The employer must ensure that the wage offered equals or exceeds the prevailing wage for the occupation in the area of intended employment.
4. The employer must ensure that the compliance issues effected upon receipt of a foreign labor certification are completely understood.
5. The completed ETA form is submitted to the designated Department of Labor office for the requested program (e.g., SWA, processing center or the national office).
6. The employer is notified of the determination of the Department of Labor.

Once the application is certified by DOL (approved), the employer must petition the U.S Citizenship and Immigration Services (USCIS) for a visa. Approval of labor certificate does not guarantee a visa issuance. The Department of State (DOS) will issue an immigrant visa number to the foreign worker for U.S. entry. Applicants must also establish that they are admissible to the U.S. under the provisions of the Immigration and Nationality Act (INA). 

The foreign labor certification process is the responsibility of the employer, not the employee; however, the employee can benefit from understanding these programs. The actual procedures depend on the nature of the visa being requested: Permanent, H-1B, H-2A, H-2B, D-1.