Overview

Labor certification is designed by the U.S. Department of Labor to assure that the admission of aliens to work in this country on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of U.S. workers.

Most employment-based immigrant visa petitions begin with the labor certification. The alien beneficiary of the immigrant visa must first obtain an offer of permanent full-time employment from a U.S. employer. The employer then obtains a labor certification attesting that there are no “available and qualified” U.S. workers for the position offered to the alien and that the wages and working conditions offered will not adversely affect those similarly employed U.S. workers.

Eligibility Requirements

The following conditions must be met in order to have a successful labor certification:

* The employer must prove that there are no available and qualified U.S. workers for the position offered through a recruitment process;
* That the employment of the alien will not result in the the displacement of U.S. workers;
* The employer must have the ability to pay the prevailing wage of the alien for the position offered;
* The alien employee must have the necessary skills or at least meet the minimum qualifications required for the position offered.

The attorney can assist you in preparing and completing your application. Here’s how it works:

1. Fill out the Standard questionnaire and the payment form online. Then submit.
2. Within a few minutes, we will e-mail you a (a) Visa application questionnaire, (b) our Retainer Agreement, and (c) a checklist of documents required to support your application. Do not leave any blank spaces on the questionnaire. Enter "N/A" when the information being asked does not apply to you.
3. Print the attachments that we have e-mailed you.
4. Proceed by filling out the Visa Application Questionnaire. Do not leave any blank spaces on the questionnaire. Enter 'N/A" when the information being asked does not apply to you.
5. Review the list of required supporting documents to be attached to the Visa Application Questionnaire.
6. Sign and date the Retainer Agreement.
7. Mail all the documents back.
8. The Attorney prepares your application upon receipt of the documents from you. A copy will be e-mailed to you for review and corrections.
9. The original application will be e-mailed to you as a PDF document for printing, signing and sending back.
10. The Attorney then files your application with the BCIS.