What is a Department of Labor Certificate?
A department of labor certificate is issued by the Department of Labor to enable an employer to recruit a foreign worker to work permanently in their organization within the borders of the United States.
Usually, before an employer can submit an immigration petition on behalf of an employee to the Department of Homeland Security’s USCIS (U.S. Citizenship and Immigration Services), they must first obtain a certified labor certification application. This should be gotten from the Department of Labor’s Employment and Training Administration.
The DOL has to certify to the U.S. Citizenship and Immigration Services that there are not enough U.S. workers that are able, qualified, available, and willing to accept the job opportunity within the area of the intended employment.
The certification will also affirm that the employment of a foreign worker will not negatively affect the working conditions or wages of other employed U.S. workers. The Department of Labor certificate is the most widely used employment-based condition for getting a green card in the United State.
Information Required on a Department of Labor Certificate Form
As mentioned, an employer is required to fill out the form for the employee. The form has several sections that must be completed carefully and without any error. The highlights of the information included in the form are enumerated as follow:
Pre-registration Details: This part requires that the employer confirm if the form is an addendum to a previously submitted form and whether the form is in support of a Sheepherder occupation or Schedule A.
Employer Information: The employer must fill out the full name of the employer and the address as well as the city, country, phone number, and the number of employees. It also requires that the employer includes their Federal Employer Identification Number and the year they commenced business as well as their NAICS code.
Attorney or Agent Information: If the employer is using an attorney or agent to file for the Department of Labor Certificate, they are required to provide their details. This includes the name of the agent or attorney and the name of their firm, address, location, email address, phone number, and firm EIN.
Wage Information: This asks for information about the prevailing wage, such as the tracking number, SOC/O*NET code, occupation title, skill level, prevailing wage, prevailing wage source, and determination and expiration date.
Job Opportunity Information: This covers the details of the primary worksite of the employee, the address, job title, educational background of the employee, experience level, and others.
The form also contains other miscellaneous areas such as more information about the job and why the employer is filing for the DOL certificate for the employee
How to Complete the Department of Labor Certificate Form
An employer is required to fill out this form on behalf of the employee. It is quite a lengthy form and care must be taken to avoid making any mistake on the form.
Step 1: Click “Get Form” to download the form.
Step 2: Read the instructions carefully and fill out the details required.
Step 3: Append the necessary signatures.
When you are done filling out the form, save it on your computer and visit the appropriate website where you have to upload and submit.
What is the Department of Labor Certificate Form Used for?
The DOL labor certification is an employment-based form used to obtain a green card in the United States. The form is used by an employer to file for permanent residence for an employee in the States. After the approval of the form, a certificate is issued, which verifies that there are inadequate, qualified, available, and willing U.S. workers that can fill the position.
It also verifies that recruiting foreign workers will not in any way adversely affect the working conditions and wages of similarly employed workers in the U.S.
Who has to fill out the DOL Certificate Form?
It is the responsibility of the employer to file for the certificate on behalf of the employee to fill out the form. However, if the employer has engaged an agent or attorney to carry out the filing process, the representative can help to fill out the form.
