The U.S. employer must obtain a certified, individual Application for Permanent Employment Certification (labor certification) from the Department of Labor. The petitioner must be a U.S. employer (company or individual). There must be an employer/employee relationship between the U.S. employer and foreign worker. The U.S. employer must offer a full time, permanent position. The foreign… Read More
EB-3 Visa
What is an Immigrant Petition?
Generally, the first step in obtaining permanent residence (“green card”) on behalf of a foreign worker is labor certification. Labor certification is the process of proving that there are no qualified U.S. workers for the position being offered to the foreign worker. If the labor certification application is certified by the Department of Labor, then… Read More
Can the foreign worker enter and exit the United States while a Labor Certification application is pending?
Yes. Assuming the foreign worker possesses a non-immigrant work or other visa.
Can a Labor Certification application be processed while the foreign worker is outside the United States?
Yes. The foreign worker does not have to be physically present or presently employed by a U.S. employer to process a Labor Certification application.
Can a foreign worker begin employment in the United States without Labor Certification?
Yes. If the foreign worker obtained a non-immigrant work visa category (i.e. H-1B) then the foreign worker can begin and continue employment while the Labor Certification is being processed.
Does Labor Certification allow a foreign worker to be lawfully employed in the United States?
No. Labor Certification is not a work permit or a non-immigrant work visa. It does not bestow the ability to work legally in the United States.
How long is the Labor Certification application valid for after certification?
A Labor Certification application is valid for a period of 6 months.
What is an audit notice?
The notice issued to the U.S. employer by the Department of Labor requesting evidence of compliance with labor certification regulations.
How long does it take the Department of Labor to process a Labor Certification application?
At present, the Labor Certification application is filed online and is either certified, denied or an audit notice is sent within 6 months of filing.
What is the government filing fee for a Labor Certification application?
There is no filing fee.
