Labor certification process

D

diddy

Registered Users (C)
Hello,

The company I work for is applying for a labor certificate for me. It is time now to adverise the position in the newspapers. I am afraid that there will be hundreds of americans that will appply for the position, but I still want to try.

My question is: If there is an applicant who is qualified and willing and able to do my job, does the company I work for have to hire him and fire me?

Thanks for your replies
 
I didn't quite understand the answer

They have to hire the american or not? If they don't hire him what will that mean except that I don't get the LC? Will I have to look for a new job? Does my company have to fire me?
 
Well it is a bit immoral, but your company need not actually hire the other candidate. They can continue employing you, but for all purposes the labour test would have failed and you will not be able to apply for LC.

The reason it is immoral is because you advertise for a position, interview so many people and then dont make an offer, while it may sound ok, some may take exception and claim discrimination.

001
Originally posted by diddy
Hello,

The company I work for is applying for a labor certificate for me. It is time now to adverise the position in the newspapers. I am afraid that there will be hundreds of americans that will appply for the position, but I still want to try.

My question is: If there is an applicant who is qualified and willing and able to do my job, does the company I work for have to hire him and fire me?

Thanks for your replies
Click to expand...
 
You are right, if all that was happening in the country I am coming from I would probably think as you do ... but that is another topic for discussion.

If we get a lot of resumes we will just forget about the LC and we won't even interview them. Will that couse any other problems except that I will obviously not get a LC?
 
001 - correction - company has to hire other person, else employer gets spanked by labor dept. :D

What people usually do in testing market is that they declare a position open, test market. if their own person is not getting lc done(LC test failed) - declare position closed or postponed - funde hi funde.
 
Can anyone of you guys show me a legal document supporting your oppinions? Or just tell me where I can seek such a document?
 
Originally posted by diddy
Can anyone of you guys show me a legal document supporting your oppinions? Or just tell me where I can seek such a document?
Click to expand...
go to DOL site extract the labor approval cases data, media ads etc are legal documents prepared by professional. Refere to them.
 
Of course, you cant keep the position open and not take anyone, I left unstated that the position can be closed without hiring. Happens all the time, you budget for a position, try to hire, then the quarter closes and your rec. is no longer available due to budget cuts. But like I said if someone complains to the labour dept (but how many will actually complain - unless they get some inside informatione etc), you can get slapped with lawsuit etc -- and like you said spanked by DOL :D if you are unable to convince that the position was closed without discrimination. Since the ad's were not supervised by DOL, there is a lot more slack to be dishonest.

Of course, as I previously stated, I am not saying this is a fully legal way of going around the problem.

001

Originally posted by Jharkhandi
001 - correction - company has to hire other person, else employer gets spanked by labor dept. :D

What people usually do in testing market is that they declare a position open, test market. if their own person is not getting lc done(LC test failed) - declare position closed or postponed - funde hi funde.
Click to expand...
 
Another way to look at it is that, you cant fire an H1B person just because someone became available after you hired an H1B - so this is like choosing between frying pan and boling oil situation.
 
Where can I find the DOL labor approval cases? I made a search on DOL.gov site - couldn't find anything like that.

Thank you for all your answers.
 
Originally posted by Jharkhandi
001 - correction - company has to hire other person, else employer gets spanked by labor dept. :D

Click to expand...

Not true. To quote from a memo sent to me at the beginning of my long journey in the summer of 2001, by a paralegal from the law firm my company uses, describing the overall process:
"It should further be noted that the employer is not required to employ a US worker who has been identified as a result of the recruitment campaign..."blah blah blah...

Since this is a written document coming from their office that I have in my possession, I'm fairly confident that it's correct.

To answer Diddy's original question, your employer is not required to let you go and hire the US candidate that fits the requirements.

K
 
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