Must employers receive labor certification from the Department of Labor for all temporary nonimmigrant and permanent immigrant workers?
No, although most classes do require it. The Department of Labor has pre-determined a set of occupations for which there is a shortage of US workers and by employing foreign workers to perform these occupations, US workers’ wages and working environments will not be adversely affected. Known as “Schedule A” occupations (20 CFR 656.15), this group includes physical therapists, professional nurses, those with exceptional ability in the arts and sciences (such as university-level teachers) and those with exceptional ability in the performing arts.
Related Questions
- Must employers receive labor certification from the Department of Labor for all temporary nonimmigrant and permanent immigrant workers?
- If nonimmigrant (temporary) visas are easier to obtain than immigrant (permanent residence) visas, do I still need an attorney?
- Can an employer hire replacement workers during a strike?
