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Can an employer apply for a labor certification on behalf of a person who is not currently an employee?

April 26, 2017behalf Certification Currently employee employer labor person

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Can an employer apply for a labor certification on behalf of a person who is not currently an employee?

1 Answer

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Yes. The labor certification application is filed for prospective employment. The foreign national is only required to work for the employer when the green card is approved. S/he does not need to work for the employer/petitioner while the labor certification is in process. If the foreign national is already working for the petitioning employer, then changing jobs will not affect the labor certification process provided the sponsoring company agrees to continue the labor certification petition on behalf of the foreign national.