What is the “standard” labor certification filing procedure?
Under the “standard” labor certification filing procedure, the employer files the labor certification application with the foreign labor certification unit of the appropriate state workforce agency (typically in the state in which the job is located). The state workforce agency provides the employer with instructions for advertising the position. The employer places the required advertising, completes the recruitment and interviewing, and forwards its recruitment report to the state workforce agency. The state workforce agency reviews and forwards the application to the regional office of the U.S. Department of Labor. The regional office of the U.S. Department of Labor then makes a decision about whether to “certify” (i.e., approve) the labor certification application. If the U.S. Department of Labor certifies the labor certification application, then the employer becomes eligible to file a green card application for the foreign worker at the U.S. Citizenship & Immigration Services (CI