The Department of Labor issues labor certification to an employer after he has shown that there are insufficient number of U.S. workers able, qualified and willing to perform the work for which the foreign-born individual is being hired. The employer must advertise and perform other recruitment efforts to try to find someone who is already a U.S. citizen or permanent resident qualified to take up the position. The job must also be offered at the normal or prevailing wage. Unfortunately, the labor certification process has been bogged down tremendously due to budgetary cuts and staff shortages. Process takes over two years in New York and New Jersey.
Labor certification is only the first step towards permanent residency.
After labor certification the employer has to file other applications with the INS to obtain an immigration visa classification for its foreign employee. Employers are obviously concerned about the enormous backlogs which has rendered the labor certification process a non-viable proposition. The question that is commonly asked is whether there is a way to expedite the process. One way to expedite the process is known as the Reduction in Recruitment. The employer must establish that it has conducted adequate recruitment within the previous six months prior to filing the application.