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Say you have an employee that you've hired on an H-1B. They're a high-performer, and you want to retain them. You can only (not really, but mostly) stay beyond six years in the US on an H-1B if you're on a green card trajectory - meaning that your employer has at least got a pending labor certification application for your position.

Getting labor certification involves demonstrating that you've made a good faith effort to hire a US native worker to fill the position. So you have to try to hire into the role; but you really don't want the search to succeed - because you've already got a good employee that's a known quantity.

Getting labor certification is a pre-requisite to getting an I-140, which is a pre-requisite to the employee getting the green card. Failing to achieve labor certification just delays the entire process and means yet more paperwork and time with the immigration attorneys.



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