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Labor Certification

Immigration Articles >> United States Visas >> Labor Certification

A Labor Certification (LC) is different from the Labor Condition Application (LCA). The difference is best illustrated through an example:

"Jose from Honduras has completed higher education in the United States and obtained a Bachelor of Science in computer engineering. During his last year at the university, he was approached by a local U.S. company that wanted to sponsor him for a H-1B work visa once he graduated. Jose liked the company and said 'yes' to the job. However, the U.S. company's first step was to obtain a Labor Condition Application (LCA) from the Department of Labor (DOL). This process only takes a few days and can be applied for online. The main purpose of the Labor Certification is to prove that there are no qualified U.S. workers available for the position. The U.S. company then helped Jose apply for the H-1B visa which was approved. Note that it is the USCIS who approved the H-1B visa petition and not the Department of Labor.

Jose worked for the U.S. company for 5 years on the H-1B visa and then the company agreed to sponsor him for a Green Card. The Green Card application process for a foreign worker requires a Labor Certification (LC) to first be approved. U.S. employers are able to apply for the Labor Certification online (Form ETA 9089) through the Program Electronic Review Management (PERM) and expect a result within 60 days. Once a Labor Certificate is granted it is valid indefinitely as long as the job exists and does not change scope. It is important to understand that an approved Labor Certification alone does not change the foreign worker's (Jose's) current non-immigrant status (H-1B visa). With an approved Labor Condition, the U.S. employer must still file Form I-140 (Immigrant Petition for an Alien Worker) along with other documents in order for Jose to obtain his Green Card."

Summary of the Labor Condition Application (LCA):

Issued by the Department of Labor (DOL)
Can only be applied for by the U.S. employer
Must be applied for online unless the employer has physical disabilities prohibiting them from filing electronic applications
Is a necessary part of a work visa petition for long term jobs performed by foreigners (not seasonal)
Is necessary to get approved before the foreign worker can apply for the work visa (H-1B, L-1, etc.)
Is not necessary for short term work visas (e.g. H-2B visa, TN visa, etc.)
Use ETA Form 9035 (Labor Condition Application For Non-Immigrant Workers)
An approved Labor Certification does not automatically lead to a work visa being issued; the USCIS can still deny the visa petition if the applicant is found inadmissible

Summary of the Labor Certification (LC):

Issued by the Department of Labor (DOL)
Can only be applied for by the U.S. employer
Must be applied for online through the Program Electronic Review Management (PERM)
Is needed in order to sponsor a foreign worker for a Green Card through employment
An approved LC does not change the worker's non-immigrant status
The purpose of the labor certification program is to make sure that U.S. workers will not be negatively affected by foreign workers in terms of jobs available, wages, and working conditions
Use ETA Form 9089 (Application for Permanent Employment Certification)
An approved Labor Certification request is only necessary when a U.S. company wants to sponsor their foreign employee for a Green Card

Application forms related to the Labor Certification process:

Form ETA-750A and 750B (Application for Alien Employment Certification)
Form ETA-790 (Application for Alien Employment Certification for Agricultural services)
Form ETA-9035 (Application for Non-Immigrants)
Form ETA-9089 (Application for Permanent Employment Certification)

Related Articles:

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