Labor Department to Protect Employment Opportunities for American Workers

July 8, 2008

Washington - The Department of Labor has begun placing pending permanent labor certification applications filed by the Cohen & Grigsby law firm into department-supervised recruitment in a bid to protect employment opportunities of the workers.

Supervised recruitment requires the employer to receive advance approval from the department for all recruitment efforts to ensure that U.S. workers are fully considered for available positions.

The supervised recruitment aims to ensure that an employer, attorney or agent will comply with department regulations or properly recruited or considered U.S. workers for available positions.

Solicitor of Labor Gregory F. Jacob said it is a department tool used to safeguard the integrity of the permanent labor certification process. In addition, it will also protect job opportunities for American workers, Jacob stressed.

The announcement reflects the department's ongoing enforcement of its statutory responsibility to ensure that U.S. workers are fairly considered for all permanent labor certification openings. The Immigration and Nationality Act requires the secretary of labor to certify that there are not sufficient U.S. workers who are able, willing, qualified and available for an open position prior to an alien being permanently admitted to the country to fill it.

The department's regulations require employers to "test" the labor market for U.S. workers in a manner that is open, fair and not biased toward foreign workers, including temporary foreign workers already employed by the employer seeking the permanent labor certification.