The U.S. Department of Labor (DOL), in effect, stands as a watchdog in immigration matters on behalf of U.S. workers to make sure that the immigration system is not used to the detriment of U.S. workers’ rights and opportunities. In cooperation with “state workforce agencies” (SWA), DOL confirms, through oversight of employers’ recruitment, that U.S. workers are not available to take positions for which aliens are “certified” in D-1, H-2A, H-2B, and permanent cases. In those and other programs, including also H-1B and H-1C, the DOL confirms that alien workers are being paid the “prevailing wage” or other relevant levels, that no strikes are in place where alien workers are being placed, and receives other attestations from employers that certain conditions are being met, so that employing alien workers does not become generally more attractive than hiring U.S. workers.
DOL’s “Office of Foreign Labor Certification” has greatly improved the informative and useful level of its web site in relation to immigration issues over which it has authority.
How We Can Help
We work with State Workforce Agencies and DOL representatives to overcome the employment-oriented hurdles that the law has commissioned DOL to set up in the employment of foreign nationals. We work with our firm’s Labor & Employment group to coordinate immigration planning with more generally applicable laws governing the workplace in the U.S. We understand the rules and procedures SWA and DOL officials re seeking to follow, and we can devise practical solutions to the complexities of them.
Consult with us for assistance with a case.