What types of employment are eligible for Foreign Labor Certification?
The job offer must be: Work performed in an employer-employee relationship. Self-employment does not qualify. A bona-fide job opening for which the employer is ready and willing to hire an available, qualified U.S. worker. Located in the U.S. and be either full-time, permanent, year round employment or temporary employment. Under H-1B, the job may be part-time or full-time. Under H-2A and H-2B, the job must be full-time, but last no longer than one year. A job with hiring requirements conforming to the Department of Labor’s data for usual experience and education standards common to the occupation and the industry; may not be tailored to the qualifications of the foreign worker; and must not include requirements for a language other than English without written justification. Employers must pay at least the prevailing wage for the occupation in the area of intended employment under the PERM, H-1B and H-2B programs and the Adverse Effect Wage Rate assigned for Iowa for an agricultural o
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