Labor Certification: Employment-Based Immigration Process
Labor certification is a crucial step in the employment-based immigration process for foreign nationals seeking permanent residency in the United States through employment. It is designed to ensure that hiring foreign workers will not adversely affect the wages and working conditions of U.S. workers.
Categories:
Labor certification is typically associated with the following employment-based immigration categories:
- EB-2: Advanced degree professionals or individuals with exceptional ability.
- EB-3: Skilled workers, professionals, and other workers.
Requirements:
To obtain labor certification, employers must meet several requirements, including:
- Demonstrating that there are no sufficient, qualified, and willing U.S. workers available to fill the position.
- Providing evidence that employing the foreign worker will not negatively impact the wages and working conditions of similarly employed U.S. workers.
- Offering a job that meets the prevailing wage for the position in the geographic area.
Application Process:
- Prevailing Wage Determination: The employer must request a prevailing wage determination from the Department of Labor (DOL) to establish the appropriate wage for the position.
- Recruitment Process: Employers must conduct a recruitment process to test the labor market, which includes placing job advertisements and interviewing candidates.
- Filing ETA Form 9089: If no qualified U.S. workers are found, the employer files ETA Form 9089, Application for Permanent Employment Certification, with the DOL.
- DOL Review: The DOL reviews the application to ensure compliance with all requirements. If approved, the labor certification is issued.
Family Members:
Once the labor certification is approved and the foreign worker obtains a visa, their immediate family members (spouse and unmarried children under 21) may accompany them under derivative status. This allows them to live in the U.S. and, in some cases, apply for work authorization.
Labor certification is a vital step for employers seeking to sponsor foreign employees for permanent residency, ensuring a fair process for both U.S. and foreign workers.