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Listserv Q&A for
""Are We All Certifiable?" -- An Insider's Tour Through The Maddening World Of Labor Certification "

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I have one question. When you were discussing the six steps to labor certification, I was unclear on what the speaker meant in step four: What is the person going to be doing five years from now?

Answer by Edward Litwin:

Factor #4 in the presentation was to consider what the person would be doing for the employer 5 years from now. Since the labor certification/permanent residence process in California is taking about 5 years and since many positions are not static, it is important to consider what the employee's actual job duties will be in 5 years. Will they move on to something more supervisory by then, will they be working in a different aspect of the job. Since a test of the labor market is being made for the specific job being offered, if the person is no longer doing that job, the labor certification is inapplicable.

We try to anticipate future job changes in 2 ways:
1. Make the job duties very broad and nonspecific so they could encompass additional job duties; or
2. Describe the job in terms of what the person would be anticipated to be doing in 5 years. Even though the particular position may be 5 years out, it is possible to test the labor market today for such a position. However, the job offer must be available to U.S. applicants today.

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