Define: Labor Certification

Labor certification is a process through which employers in the United States demonstrate that there are no qualified U.S. workers available to fill a specific job position, and therefore, they need to hire foreign workers.

Employers who want to hire foreign workers for permanent positions in the U.S. are eligible to apply for labor certification.

The purpose of labor certification is to protect the job opportunities and wages of U.S. workers by ensuring that foreign workers are only hired when there is a genuine shortage of qualified U.S. workers.

The processing time for labor certification can vary depending on various factors, such as the type of job position and the backlog of applications. On average, it can take anywhere from several months to over a year.

To obtain labor certification, employers must demonstrate that they have conducted a thorough recruitment process to find qualified U.S. workers and that no qualified U.S. workers were available for the position.

Yes, labor certification can be denied if the employer fails to meet the requirements or if there is evidence of fraud or misrepresentation in the application.

Yes, if labor certification is denied, the employer has the right to appeal the decision within a certain timeframe. The appeal process involves submitting additional evidence and arguments to support the case.

No, labor certification is specific to the employer who applied for it. If an employee wants to change employers, a new labor certification application must be filed by the new employer.

No, labor certification is only applicable for permanent job positions. For temporary work visas, such as H-1B or L-1 visas, a different process called labor condition application (LCA) is required.

No, labor certification is not required for all job positions. Certain categories, such as those with exceptional ability or advanced degrees, may be exempt from the labor certification process.