Any person seeking to work in the United States who is not a citizen or permanent resident must obtain either an immigrant visa, if the position is permanent, or a nonimmigrant visa, if he or she aims only to work in the United States for a set period of time. The employer seeking to retain an employee for long-term employment must seek approval from the U.S. Department of Labor as a first step in the immigration process.

The purpose of these approval processes is to ensure that new workers coming into any particular industry or field will not hurt the wages or working conditions of U.S. workers currently employed in that industry or field.

For an employer to sponsor a potential employee for permanent resident, also called a “green card,” it must obtain labor certification. For a person outside the United States to work at a permanent job in Houston, a green card is necessary. The rules surrounding labor certification are found in the Code of Federal Regulations, beginning at 20 CFR § 656.1.

Under 20 CFR § 656.10, the employer must attest to several facts about the job if it is for permanent employment, including:

• That the offered wage exceeds or equals the prevailing wage for the job under the law;
• That the offered wage is not based on commissions, bonuses or similar incentives;
• That the employer is able to pay the worker;
• That the worker will be on the payroll upon or before entry into the United States;
• That there was no illegal discrimination involved in the hiring of the worker;
• That the position is not open due to a strike or labor dispute;
• That the job is a legal one;
• That the job was available to workers already in the United States, and that any U.S. workers rejected were rejected for legal reasons;
• That the job is full-time and permanent.
  
  

There are many other legal requirements involving notice and other aspects. An immigration attorney can help make sure all requirements are fulfilled before starting the process, which may save time and ensure the process is as smooth as possible. Labor certification is also required for many nonimmigrant visas.