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Labor Certification Processing Made Easy

Understand the labor certification process employers may use to sponsor a foreign worker for eventual permanent residence in the United States.

Labor Certification for Employment-Based Immigration

The labor certification program allows an employer to “sponsor” a foreign worker for eventual permanent residence in the United States.

The process involves testing the U.S. labor market, demonstrating that the employer and prospective employee meet the applicable requirements, and completing the required immigration filings.

Preliminary Considerations

Before beginning the labor certification process, several factors must be considered:

  • The employer must offer the prospective employee a permanent, full-time position.
  • The employer must have the ability to pay the prevailing wage and agree to provide income tax returns to prove it.
  • The prospective employee must have previous experience performing the job duties. Experience gained with the sponsoring employer will usually not count, subject to narrow exceptions.
  • If the prospective job offer is listed in the newspaper and on the internet, will qualified U.S. workers apply? If there are qualified U.S. workers available, the labor certification application will be denied.
  • The filing of a labor certification application does not provide employment authorization. Employment authorization is given once an application for adjustment of status is filed with the U.S. Citizenship & Immigration Service (“USCIS”) (see below).
  • If the prospective employee is unlawfully working for the sponsoring employer, there is the potential for USCIS to investigate the employer.

Labor Certification: A Three-Step Process

Step 1: Test the U.S. Labor Market

Initially, we are testing the U.S. labor market by placing advertisements for the prospective job. If no qualified applicants respond to our advertisements, we will usually receive approval from the Department of Labor (“DOL”).

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Step 2: File the Immigrant Petition

If we receive approval in Step 1, we then file an immigrant petition with USCIS.

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Step 3: Apply for Adjustment of Status

At some point, an application for adjustment of status is filed with USCIS (the so-called “green card”).

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