The Labor Certificate is a form applied with the Department of Labor. The employer is attesting that through recruitment they cannot find qualified United States worker to perform the tasks they need, and the only individual who can complete these tasks are a foreign national. Advertisement and recruitment are required.
Once this is complete, the employer attests to no qualified US workers are available and requests the Department of Labor to approve the Labor Certification so the employer can continue with the next two steps in applying for the foreign national’s greencard application. The date of applying for the labor certification is known as the “priority date.”
There are 2 main categories of applying for the labor certification:
- EB2: Where a foreign worker has a minimum of 4 year bachelor degree plus 5 years of progressive experience or a master’s degree or higher, and the job requires such experience/education.Another category of EB2 that does not require the labor certification is National Interest Waiver (NIW). An individual can seek a waiver of the labor certification and waiver of the offer of employment by establishing that his (her) admission to permanent residenct status would be in the US National Interest.
- EB3: Where a foreign worker has at least 2 years of experience, and the job requires such experience.
Once the labor certification is approved, the employer has 180 days to file the immigrant petition for alien worker. Once this petition is approved and based on the priority date, we can apply for either the “greencard application” or “consular processing”.