Immigrant visas are available to certain foreign workers who obtain a certificate from the U.S. Department of Labor indicating the intended employment will not have an adverse effect on the U.S. workers already employed. This is known as "Labor Certification".
- Any employer with a permanent job offer in the U.S. for which the alien is qualified may file an application for labor certification.
- In most cases, labor certification requires that the job opportunity be listed with a state employment service, posted at the place of employment, and advertised in a newspaper of general circulation.
- The employer cannot require overly restrictive qualifications for the job, and document that a good faith effort to recruit minimally qualified U.S. workers for the position was made.
- If it is established that there are no U.S. workers who are able, willing, qualified and available, the labor certification is granted. Certain applicants who have advanced degrees or exceptional ability in their field may be able to have the labor certification requirement waived if their employment is in the national interest. Also, certain intra-company transferees are exempt from labor certification requirements.
- A common misconception is that an approved labor certification authorizes the individual to stay in the U.S. and to work. This is not true. Only the U.S. Immigration and Naturalization Service has the authority to grant employment authorization, not the U.S. Department of Labor which issued the labor certification.
- Labor certification is only the first step toward obtaining permanent residence. A petition must be filed with the U.S. Immigration and Naturalization Service to accord the alien a preference under the quota set by Congress. Once a quota number is available, the alien can apply either for adjustment of status at the local district office of the Immigration and Naturalization Service or for an immigrant visa at an American Consulate abroad.
- Remember, this is very general information and should not be used to plan your case. Please seek the advice of an attorney who specializes in this area of law.