What is the purpose of filing a Labor Certification?
Under U.S. immigration law, a key requirement in most employment-based immigration is obtaining “labor certification” through the U.S. Department of Labor. A Labor Certification is an application filed with and certified by the Department of Labor upon showing a lack of availability of qualified U.S. workers. Such certification requires employers to comply with strict filing and recruitment requirements which establish that the permanent employment of a foreign national in a specific position will not adversely affect the wages and working conditions of similarly employed U.S. workers. Employers are required to establish that they, despite completing the required recruitment campaign, could not find a willing and minimally qualified U.S. worker to fill the offered position. Once such a showing is made and certification granted, the employer may move on to the next step of filing an I-140 Immigrant petition with the USCIS.
