What is the purpose of obtaining a labor certification?
A labor certification is a prerequisite for an individual to obtain an employment-based permanent residence or non-immigrant visa. This process is required to show that there are no authorized U.S. workers qualified and available for the position for which a labor certification is being sought.

The law states that any foreign national who seeks to enter the U.S. to perform skilled or unskilled labor is not admissible unless the secretary of labor certifies to the Secretary of State and the Attorney General that there are not sufficient U.S. workers available for the proposed employment, and that the contemplated employment will not adversely affect the wages and working conditions of similarly employed U.S. workers.

What is required to obtain a labor certification?
The U.S. company must submit form ETA-750, parts A and B to the alien certification unit of the state employment security agency. Part A is signed by the U.S. employer and Part B is signed by the foreign national.

What is the processing fee charged for this application?
There is no fee charged for this application.

Where is the application filed?
Form ETA-750, Parts A and B is filed with the SESA having jurisdiction over the foreign national's place of employment.

How long does the process takes?
The process could take between eighteen to thirty months to complete.

Are there any occupations which do not require a labor certification?
Yes. Some of these occupations include registered nurses, physical therapists, and aliens of exceptional ability.

Is there a way to expedite the process of obtaining a labor certification?
Yes. The process is called Reduction in Recruitment (RIR). This process requires that an employer submit documentation of a pattern of recruitment within the preceding six-months period with the application. RIR applications are given priority by the SESA and Department of Labor, and, as a result, these cases are processed much more quickly than the regular labor certification application.

Disclaimer:
The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Please note that information as well as government fees are subject to change without notice. For current fees and information contact the respective government agency directly.