The purpose of the labor certification process is to protect United States workers. It was not developed to assist an employer in filling a particular position. Even though an international worker is actually occupying the position for which the labor certification will be filed, the employer must conduct a bona fide recruitment campaign to "test" the labor market and attempt to recruit U.S. workers. It is important that employers are aware of all of the factors that must be considered in the labor certification process:
When advertising the job opportunity, the sponsoring department must accurately describe the essential functions, duties, responsibilities, and minimum requirements of the job utilizing the official job description on file in the Department of Human Resources. The Department of Labor (DOL) will compare the UMC job description and minimum requirements to those of a comparable position in the DOL's Occupational Information Network (referred to as O*NET). O*NET is a comprehensive database of attributes and job characteristics. The DOL will check to ensure that the job's minimum requirements are in line with the minimum requirements established in O*NET. If UMMC's job requirements are more stringent than O*NET requirements, it will be necessary to provide a detailed explanation of business necessity for the additional requirements.
In conducting the recruitment steps required in the labor certification process (newspaper and journal advertisements, posting notices, etc.), it is imperative that the actual minimum requirements for the job be used. The minimum requirements cannot be altered in such a manner that they "mirror" the qualifications of the international worker.
The international worker must have met the actual minimum requirements for the job at the time he/she was hired. Additionally, the department must not have hired any other employees for jobs substantially comparable to that of the international worker using less than the actual minimum requirements.
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