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The following is not meant to be legal advice.

In the labor certification process for a foreign worker to obtain a green card, the person is already hired.  The labor certification process is administered by the Department of Labor.  The person is already working at a company as a nonimmigrant. 

Once the employer finds a U.S. worker that is minimally qualified, the employer is not suppose to proceed with the foreign national’s labor certification.  The test is minimal qualification, not the foreign national being more qualified.  This is why it is difficult to get a labor certification for a person with a bachelor’s degree right out of college.  There are many college graduates with the same qualifications, making the person not that special.  Sometimes a person who only has a bachelor’s degree may switch jobs just so that he/she can gain experience to make him/her look special. 

The foreign national does not pay for the labor certification.  The employer has to pay for the costs of the labor certification.  The costs include attorney fees.