Whats the difference between an immigrant petition and a labor certification application?
A labor certification application is an application to the government (specifically, to DOL) asking for official certification that a job exists that cannot be filled by a U.S. worker. An immigrant petition is a petition to the government (specifically, to USCIS) asking the government for permission to hire a specific foreign national to permanently fill the job. Most immigrant petitions must be based on approved labor certification applications, because for most jobs, the law requires DOL to find that there is a shortage of U.S. workers for the job.
Related Questions
- Can I change jobs while my I-140 petition and/or I-485 application based on an approved Labor Certification are pending with the USCIS?
- If the Labor Certification Application is denied, can an employer still file the H2B petition with USCIS?
- Whats the difference between an immigrant petition and a labor certification application?
