Learn All About Labor Certification

Labor Certification (LC) is an authorization issued by the Department of Labor (DOL). LC permits an employer to secure a Green Card for an employee , so that the employee can work permanently in the US.

To secure LC, the employer must first get an approved labor certification request from the Employment and Training Administration (ETA) of the DOL. Then, the USCIS must be told by the DOL that no US workers are available for the specific position. Usually, this is because there are no US workers willing, able, available, or qualified to accept the position in the specific location at the wages proposed. The DOL must certify this fact to the USCIS because in order for LC to be granted, it must be shown that hiring a non-US citizen or resident will not adversely affect US workers who are employed in the same trade or type of job.

LC is often confused with the Labor Condition Application (LCA), but the two are quite different. LCA is necessary needed just to apply for a work visa; it does not guarantee the right to work in the US. LC does grant the authority to work in the US. Once the LCA is approved, it needs to be submitted to USCIS along with an Immigrant Petition for Alien Worker (USCIS Form I-140).

In order to qualify for Labor Certification:

1) The employer must be desiring to hire the applicant (the immigrant employee) on a full-time basis.
2) The job in question must be a legitimate job which is available to US workers.
3) The job must not be advertised or created to exclude US employees. That is, the requirements for the job must be reasonable and typical for what is usually required in that job, unless there is a legitimate business reason for special restrictions or requirements.
4) The employer must be willing to pay, at minimum, the typical or standard wage for the job in the area where the work will be done. That is, the employer may not be asking for a below-normal wage just to disinterest local qualified candidates.<
5) The employer must be able to show that they have attempted recruitment in order to attract qualified US workers to the job and have been unable to find qualified US workers. Employers must recruit using the standards set out for that specific job. The employer will be expected to complete a recruitment report, detailing the number of applicants rejected and the reasons US applicants were rejected for the job.