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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:
Send us an online inquiry and receive a free evaluation
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LC vs. RIR
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