The purpose and rationale of the ALC process is to ensure that U.S. workers are given a fair chance to apply for the position that the alien has been appointed in. The entire process of applying for an ALC in this manner can take up to 3 years. Please see attached form letter to be completed by hiring Department in support of this condition. After the ALC is obtained from the DOL, there are two additional steps to be completed before the alien employee becomes a permanent resident. The burden of proof rests upon the employer to demonstrate that the alien is the only qualified applicant for the position, i.e. there are no qualified, available, and willing U.S. workers for the position.
Labor certification is granted only if the employer can satisfactorily prove that.
Therefore, the construction of the job description and the minimum requirements for the position to be advertised are crucial to the success of the application. If the job requirements are so restrictive that only the alien can fill the position, DOL can deny the application on that basis alone. On the other hand, the job requirements must obviously be such that allow the employer to draw on pertinent items from this in order to lawfully disqualify other applicants. Must be the minimum required for the job as stated in the official University job description if one exists, or the minimum required for performance of the job if there is no standard job description Experience required must be the minimum necessary for the position, not the experience the alien possesses. Special requirements should not be vague or subjective.