What is my role in the labor certification process?

Most of the labor certification process involves the company, rather than the foreign worker. The foreign worker plays an important role in the process as he or she must verify that he or she possesses the minimum requirements for the job offered prior to commencing employment with the sponsoring employer, but aside from this involvement the foreign worker must remain detached from the labor certification process. The DOL regulations provide that involvement of the foreign worker in the labor certification process is grounds to invalidate the labor certification due to improper employee control over the process. It is important to note that the U.S. employer is the entity which must determine the minimum requirements for the position offered and determine important issues such as wages and other relevant working conditions.

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