Also known as: labor certifications · labour certification · labour certifications · LC · PERM labor certification
Written by attorneys · grounded in primary & secondary sources — see below
A determination by the Department of Labor that the employment of a noncitizen will not displace qualified available domestic workers and will not adversely affect wages or working conditions for similarly employed U.S. workers.
Eric Hall, a Pakistani national and president of Hall Enterprises, Inc., sought permanent residence through an employment-based petition. The company filed for labor certification to show that Hall's continued role would not harm the domestic labor market. The Secretary of Labor reviewed the application and determined whether qualified U.S. workers were available for the position.
Attorney Lew prepared DOL Form 750 applications for multiple alien clients by tailoring job requirements to match their backgrounds. He used affiliated corporations as nominal employers to obtain labor certification. Once certification was granted, Lew submitted immigration petitions based on the approved forms.
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The employer must show that no minimally qualified, willing, and available U.S. worker can perform the job and that the alien's employment will not adversely affect U.S. wages or working conditions.
Labor certification is required for second-preference immigrants holding advanced degrees or exceptional ability and for third-preference skilled workers, professionals, and other workers, unless a national interest waiver applies.
Employers must follow Program Electronic Review Management procedures, which the Department of Labor instituted in 2005 to streamline recruitment and filing requirements for labor certification.
…States citizen is allowed the entry of his "parent" or "child" without regard to either an applicable numerical quota or the labor certification requirement. 8 U. S. C. §§ 1151 (a), (b), 1182 (a) (14). On the other hand, a United States permanent resident alien is allowed the entry of the "parent" or "child" subject to numerical…