Requiring Labor Certification

Most foreign nationals immigrating to the United States on the basis of employment require that their employers file a request for labor certification on their behalf. To obtain a labor certification, an employer must demonstrate that the foreign national will fill a position requiring education, knowledge or skills for which there is a short supply of U.S. workers. The employer must show the results of sufficient recruitment efforts, including print advertising, to demonstrate that a shortage of qualified U.S. applicants exists within the geographic area of intended employment.

The employer must also demonstrate that the wages being offered for this permanent position are no less than the prevailing or average wages paid to similarly employed individuals within the geographic area of employment, and that the working conditions of the position are normal for the occupation.

This procedure may take months or years to complete, depending on different geographic locations and government backlogs.

As of July 16, 2007, an employer may no longer substitute an alien beneficiary on an application for labor certification. Additionally, employers may not seek or receive payment for a labor certification. Lastly, labor certifications filed on or after July 16, 2007 will expire if they are not filed with Form I-140 Petition for an Immigrant Worker within 180 days from their date of issue. Labor Certifications that were approved prior to July 16, 2007 expire on January 12, 2008 unless they are filed with Form I-140 prior to this date.