Foreign Worker Sponsorship Rejected Due to Incomplete Review of American Applicant

A company submitted an appeal due to the denial of a request to sponsor a foreign worker and was rejected. The basis of the rejection is the lack of reviewing the credentials of a potentially qualified American candidate. The company failed to complete a job interview to assess the educational background and skills of the American applicant. On that basis, the U.S. Department of Labor appellate board supported the agency’s previous finding that rejected the foreign worker sponsorship as the lack of complete review violates regulatory requirements.

Some individuals may clearly lack the appropriate education or experience for a particular role, visible on the resume. But for some applicants, where the information on the resume may meet the range of requirements, either in training, experience, or education, they should be considered a reasonable candidates. As such, the employer is legally required to further assess the candidate’s abilities, whether by interview or some other method.

The process of employing a foreign national requires many steps, performed and completed in a specific order. Several U.S. government agencies are involved in the process of gaining permission to hire a foreign national to work for a U.S.-based entity. All employers must first submit an application for certification to the U.S. Department of Labor (DOL). Once approved, the employer petitions the U.S. Citizenship and Immigration Services (USCIS) for an available visa. There are several categories of visas and depending on the foreign worker’s home country, the wait could be long. From the applicants’ side, they must prove that they are in compliance with the rules required for entry to the U.S., under the Foreign Labor Certification process. One element in the process includes confirming that hiring a foreign national does not negatively affect the wages, working conditions, or job opportunities available to American workers.

If you have questions about hiring a foreign worker or what is required, contact us at ILSBG. Our extensive experience working with both companies and foreign workers helps ensure you not only get the right advice, but also maximize your odds of a successful outcome.