Labor certification question

sunny1971

Registered Users (C)
I'm a little confused...Here's why!

They say to get "labor certification" the employer needs to show proof of advertisements of the position and their inability to find a potential US citizen for the same.

However, if the employer has an employee working with them since 3 years on H1B visa...and he is now being sponsored for a greencard by them ...How will the employer show proof of advertisement and an interview process put together......Where actually they never had to advertise, since the person was already working for them since 3 years! How does that work? How can they fulfill the Advertisement requirement?
 
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