What is Labor Certification?
Labor Certification is the process by which an employer gets a certified Labor Certification application from the Department of Labor(DOL). This approval from the DOL certifies to the USCIS that there are no workers in the U.S. who are willing, qualified, able and available to take up the intended job opportunity at the currently offered wage and therefore it is being offered to a foreigner. It also certifies that job offer to a foreigner will not affect the wages or working conditions of U.S. workers who are in similar jobs.
The labor certification is required for employers who wish to bring foreigners to work temporarily or permanently in the U.S. Once they get a certified labor certification application, they will have to file a petition with the USCIS for a visa. Temporary employees maybe brought to the U.S. under various visa categories like H1-B, H1-C, H2-A, H2-B, etc. Foreign workers qualified for permanent employment are brought in as legal permanent residents or, if they are already in the U.S. in a different visa status, they can adjust their status to permanent residence.
There are certain employment green card categories that do not require labor certification. Immigration laws make labor certification compulsory for most categories to ensure that the opportunities, wages and working condition of U.S. workers are not adversely affected.
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