Immigration Library: Labor Certification

In the complex Labor Certification process, a U.S. employer seeks a Labor Certificate from the U.S. Department of Labor for the benefit of a prospective alien employee. A Labor Certificate is a pre-requisite for a U.S. employer to file an immigration petition for the alien employee based on EB-2 and EB-3 categories. In other words, it is the first step before filing EB-2 or EB-3 petitions.

The Labor Certification requirement is waived for a National Interest Waiver petition under EB-2 and is not required in an EB-1 petition. For more information about NIWs, please click here. For more information about EB-1, please click here.

In Labor Certification, the U.S. sponsoring employer is the petitioner and the prospective alien employee is the beneficiary. Since the Labor Certification is filed on the basis of prospective employment, it does not matter whether the alien works for the sponsoring employer during the application or after it is approved. Meanwhile, the sponsoring employer does not necessarily need to keep the alien’s employment. However, the foreign employee has to work for a reasonable period of time for the sponsoring employer after receiving permanent residency.

A Labor Certification is a complicated procedure. We recommend that you consult with an experienced immigration attorney. For more information on Labor Certificate, please click on the following links:
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