Labor Certification

Permanent Labor Certification is one of the avenues that will allow an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the U.S. Immigration Service (CIS) and the employer must obtain an approved labor certification request (Form ETA 9089) from the Department of Labor (DOL) Employment and Training Administration (ETA). The DOL must certify to the CIS that there are no qualified U.S. workers available and willing to accept the job at the prevailing wage for that occupation in the area of intended employment. The DOL processes applications for Alien Employment Certification. After the labor certification application is approved by the DOL, it should be submitted to the CIS service center with an I-140, Immigrant Petition for Alien Worker. 

Qualifying Criteria

• The employer must hire the foreign worker as a full-time employee.
• There must be a bona fide job opening.
• Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
• The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

If you have an immigration concern involving labor certification, we can provide you with experienced, professional advice. Contact us today to schedule a free initial consultation. Our phone line is open 24 hours a day for your convenience.