- There are not sufficient United States workers who are able, willing,
qualified, and available at the time of the application for a visa and
admission into the United States and at the place where the alien is to
perform the work; and
- The employment of the alien will not adversely affect the wages and
working conditions of similarly employed United States workers.
If the Secretary of Labor, through ETA, determines that
there are no able, willing, qualified, and available U.S. workers and that
employment of the alien will not adversely affect the wages and working
conditions of similarly employed U.S. workers, DOL so certifies to CIS and to
the Department of State by issuing a permanent alien labor certification.
If DOL cannot make one or both of the above findings, the
application for permanent alien employment certification is denied.
If your position is a college or university teaching
position, see Special Recruitment Procedures.
more
info about Special Recruitment »
The Secretary of Labor must certify that:
- Qualified U.S. workers cannot be found, at the time
of filing the application and in the area of intended employment, who are
available, willing, and able to fill the position being offered to the
alien; and
- Employment of the alien will not adversely affect the
wages and working conditions of similarly employed U.S. workers.
The DOL requires the employer must do: -
offer to pay the alien at least the prevailing wage for
similarly employed U.S. workers in the area of intended employment; Click
here for validity period of prevailing wage determination.
- also offer working
conditions - hours, vacations, benefits - comparable to those
offered to similarly employed U.S. workers;
- undertake a
recruitment campaign to determine the availability of qualified
U.S. workers;
- express a willingness
to hire a qualified U.S. worker for the position if one is
available. A U.S. worker who meets the employer's minimum
requirements for the job is considered available even if the alien
is equally or more qualified.
Once a labor certification application is certified, the
employer then can file a petition for immigrant visa (I-140) on behalf of the
alien. At this stage, the petition will have to prove its
ability to pay (also see AAO
disccusion) the proffered wage from the priority date forward. |
The Immigration and Nationality Act (INA) requires that some aliens
seeking to immigrant on the basis of an offer of U.S. employment
must first receives a labor certification from the U.S. Department
of Labor (DOL). Aliens seeking to immigrate in the second or
third employment-based preferences are excludable unless the
Secretary of Labor has first issued a labor certification.
Therefore, a labor certification is a necessary step toward green
card for most employment based immigrant visa applicants. Under
certain circumstances, a labor certification may be waivered based
upon National Interests of the U.S.
