After a decade of unprecedented growth, Utah has the No. 1 economy and the country’s No. 2 lowest unemployment rate. With this growth comes tremendous opportunities for Utah businesses to expand, creating the need for talent and skills that may not be available locally.

If a business finds that it needs to hire a foreign-based worker with those skills, it’s up to them to navigate the process of getting them into the U.S.

According to the U.S. Department of Labor (DOL), this process is called getting a Foreign Labor Certification and usually involves getting “approval from several government agencies.”

First, employers must seek labor certification through the U.S. Department of Labor. Next, the employer must petition the U.S. Citizenship and Immigration Services (CIS) for a visa. Following this, the Department of State (DOS) will issue an immigrant visa number to the foreign worker for U.S. entry.

Getting a Foreign Labor Certification can be outlined in six steps:

1. The employer must ensure that the position meets the qualifying criteria for the requested program.
2. The employer must complete the ETA form designated for the requested program. This may include the form and any supporting documentation (e.g., job description, applicant’s resume, etc.).
3. The employer must ensure that the wage offered equals or exceeds the prevailing wage for the occupation in the area of intended employment.
4. The employer must ensure that the compliance issues effected upon receipt of a foreign labor certification are entirely understood.
5. The completed ETA form is submitted to the designated Department of Labor office for the requested program (e.g., SWA, processing center, or the national office).
6. The employer is notified of the determination of the Department of Labor.

Sources
https://www.foreignlaborcert.doleta.gov/about.cfm
DWS: About the Foreign Language Certification

Suazo Business Center

Supports entrepreneurs, helping them explore, launch, and grow their business through bilingual consulting, in-depth training, and various business-related workshops and resources. Their team focuses on the company and the business owner, providing wrap-around support services to address potential barriers to success.

Catholic Immigration Services

The Catholic Community Services of Utah provide immigration services and assistance to individuals and their families. They offer a wide range of services under the refugee resettlement program, including:

• Areas of immigration legal assistance: Adjustment of Status, Asylum applications, Consular Processing, Deferred Action for Childhood Arrivals (DACA), Employment authorization, Employment-based immigrant and non-immigrant petitions, Family-based petitions, NACARA, Naturalization/Citizenship, Removal hearings, Special Immigrant Juvenile Status, T visas, Temporary Protected Status (TPS), U visas, Violence Against Women Act (VAWA) petitions
• Type of legal services provided: Help to complete forms, filings with USCIS, representation at Asylum Interviews (Credible Fear Interviews, Reasonable Fear Interviews), representation before the Immigration Court, representation before the Board of Immigration Appeals (BIA)
• Not-legal services: Employment services, language services, Legal Orientation Programs (LOP) / Know Your Rights Presentations (KYR), Office of Refugee Resettlement (ORR) funded services for trafficking victims, referrals to other services, social services

The Church of Jesus Christ of Latter-day Saints Immigration Services

Immigration Services helps people who have immigrated to the United States find the support and resources they need to succeed in their communities and become self-reliant. These services are provided by partnering with community organizations.

• Legal clinics (in partnership with University of Utah’s law school)
• Welcome centers
• Cultural Adaptation classes
• Immigrant Workshops (local attorneys address immigration issues and share local resources)

Immigrant Legal Services

This Salt Lake City nonprofit helps individuals and families with asylum, daily reunification, citizenship and victim assistance (U-Visa’s and VAWA’s) and more.

Holy Cross Ministries Legal Immigration Program

This organization helps immigrants and families gain legal status.