The temporary labor certification is the Department of Labor's authorization that the employer has met the program's requirements and may petition USCIS for H-2B workers. Obtaining it requires completing several steps in sequence. The employer first submits a job order to the State Workforce Agency, which posts the position to give U.S. workers an opportunity to apply. Simultaneously, the employer conducts additional recruitment through newspaper advertisements or approved alternative methods. After the recruitment period closes, the employer reports the results and submits the full certification application to the DOL's Office of Foreign Labor Certification.
The DOL reviews the application and will either issue a certification or request additional evidence before making a final determination. Denials are not always final, and employers have the right to request reconsideration of certain adverse determinations, and an experienced landscaping worker visa lawyer in Fort Lauderdale evaluates whether a reconsideration request is appropriate and prepares the response. Getting the certification right on the initial submission is preferable, since delays in the DOL process directly affect whether the employer can file the USCIS petition in time to compete for the available cap numbers.
