What is Labor Certification?
Labor Certification is a document that is to be certified by the U.S. Department of Labor in that the employer needs to prove: (1) There are not sufficient workers willing, qualified, and readily able to perform the job duties in the offered job position; and (2) the offered position does not adversely affect wage and working condition of U.S. workers.
Who needs Labor Certification?
Labor certification is required in employment based immigration petition – second preference (EB-2) and employment based immigration petition – third preference (EB-3).
What are the requirements in Labor Certification?
• The offered position must be a full-time permanent job;
• The offered position is not tailored to the qualifications of the foreign worker;
• The employer must be willing to pay the prevailing wage or above for the offered job position;
• The requirements of the offered job position must be objective and not subjective;
• All job duties and requirements must be advertised give U.S. workers an opportunity to compete;
• The requirements of the offered job position cannot be unduly restrictive;
• The job offer must be bona fide.
How to apply for Labor Certification?
The application should be filed using form ETA-9089 with the US Department of Labor.
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