Labor Certification

A Labor Certification Application must be submitted and approved by the Department of Labor ("DOL") before the United States employer can submit an immigration petition to the Bureau of Citizenship and Immigration Services ("BCIS"). Labor Certifications are initially submitted to a local State Workforce Agency ("SWA"), usually within the State Department of Labor in which the United States employer's principle place of business. Once approved by the SWA, the Labor Certification Application is forwarded to a regional office of the Untied States Department of Labor within the Department of Labor's Employment Training Administration ("ETA").

There are two (2) general types of labor certifications, temporary labor certification required for certain foreign workers who are coming to the United States on a short term basis, and permanent labor certification for employers who seek to bring a foreign national worker to the United States permanently.

Temporary Labor Certification Applications are processed on a short-term basis, given the temporary nature of the position, while Permanent Labor Certification Applications may take several years. Certain occupations are considered to be To reduce the delay in processing times, the Department of Labor has determined there are certain occupations for which there are not sufficient United States workers who are able, willing, qualified and available and employment of foreign nationals in these occupations will not adversely affect the wages and working conditions of United States workers similarly employed. In addition, the DOL has established application procedures for faster processing which include : Reduction in Recruitment ("RIR") applications; Limited Review ("LR") applications; and Special Handling applications. Not all occupations qualify for faster processing time, so employers are advised to consult a licensed, experienced immigration attorney before seeking expedited review of a Labor Certification Application.

After the labor certification application is approved by the DOL, the job for which the United States employer is applying is "certified" and the certified application is submitted to the BCIS Service Center with an Immigrant Petition for Alien Worker.

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The information you obtain from this site is not, nor is it intended to be legal advice. You should consult an attorney for individual advise regarding your situation. Please read our disclaimer.

Copyright © Jonathan R. Micale, Esq., 2003


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