What Is Labor Certification
Labor certification is a Department of Labor (DOL) determination that no available U.S. workers are qualified and willing to fill a specific job position at the prevailing wage. It's a required step in the employment-based green card process for most visa categories, including EB-2 and EB-3 visas. The certification proves to USCIS that your employer's need to hire you as a foreign worker won't displace or harm job opportunities for U.S. citizens and permanent residents.
The Role in Green Card Process
Labor certification typically comes before you file Form I-140 (Immigrant Petition for Alien Worker) with USCIS. Your employer must conduct recruitment efforts to demonstrate they made a good faith attempt to find qualified U.S. workers. The DOL's PERM program (Permanent Labor Certification) handles most employment-based green card cases. Processing times for labor certification currently range from 6 months to over 2 years depending on the job category and whether the application faces challenges.
Once approved, your labor certification remains valid for your specific job, employer, and worksite. If your employer changes or the job duties change significantly, a new certification may be required.
The Recruitment Process
- Prevailing wage determination: Your employer must pay you at least the DOL's prevailing wage for your position and geographic area, often higher than the position's market rate.
- Recruitment methods: Your employer conducts recruitment through job orders with state employment agencies, newspaper ads, online postings, and professional recruitment firms. Documentation of all recruitment efforts is submitted to the DOL.
- Recruitment report: If U.S. workers apply, your employer must document why they were rejected (lack of required experience, education, or qualifications). You must meet all the job requirements listed in the certification to be eligible.
- DOL review: The DOL reviews the recruitment documentation to verify that adequate efforts were made and that the position was offered to qualified U.S. workers first.
Common Questions
- Can I work while my labor certification is pending? Yes, if you have valid work authorization such as an H-1B visa or employment authorization document. Labor certification doesn't directly affect your current work status, though delays in the process can affect your timeline for adjustment of status or consular processing.
- What happens if my labor certification is denied? Your employer can request a new application, but you'd need to restart the process. If specific recruitment steps were inadequate, the DOL typically explains what additional efforts are needed.
- Do I need labor certification for all employment-based green cards? No. EB-1 (extraordinary ability), certain EB-2 positions with advanced degrees, and EB-4 (special immigrants) categories may be exempt. Discuss your specific visa category with an immigration attorney.
Related Concepts
- PERM - The Department of Labor program that processes most labor certifications
- Form I-140 - The USCIS petition filed after labor certification is approved