Source: http://www.ilw.com/lawyers/articles/2000,0424-Stewart.shtm

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Legal Rejection of U.S. Workers
by Joel Stewart, Esq.

BiographyApril 24, 2000 -- 
Introduction

In the process called “Application for Alien Labor Certification,” the most critical moment occurs when the Employer is confronted with U.S. workers, whose letters and/or resumes are forwarded by the Department of Labor, as possible referrals for the job opportunity. If the Employer succeeds in showing that the referrals are not able, willing, qualified and available, the alien can obtain an approval called a labor certification and apply for permanent residency in one of the Employment Based Preference Categories. . .

Please view the entire article at the original link: http://www.ilw.com/lawyers/articles/2000,0424-Stewart.shtm

. . . When employers feel the need to legalize aliens, it may be due to a shortage of suitable U.S. workers, but even in a depressed economy, Employers who favor aliens have an arsenal of legal means to reject all U.S. workers who apply.


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