U.S. LABOR CERTIFICATION
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Labor certification is not a visa, but a prerequisite for obtaining employment-based permanent residence (I-140). Labor certification is a determination by the U.S. Department of Labor that there are no U.S. workers able, willing, qualified, and available for the position or job for which a visa is being sought.
In many cases, the position is the same job in which a foreign national is already employed on a temporary basis (typically on an E visa, L-1B, H visa, or TN visa). Application for Labor Certification is made by submitting of forms ETA 750A and ETA 750B.
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What are the Requirements for Forms ETA 750A & B?
The employer must satisfy the U.S. Labor Department that there are no U.S. workers able, willing, qualified, and available for the position for which a labor certification is being sought. This is an extremely difficult standard to meet and can be very time consuming and expensive; however, if established, this visa will permit permanent employment in the U.S. for certain nonimmigrant or alien workers upon proof that they meet the minimum job requirements of any of the following positions:
- A position that requires skilled or unskilled labor for which there are no willing, qualified available workers in the U.S.;
- A position that requires a bachelor's degree, its equivalent, or two years or more experience, or;
- A position that requires either an advanced degree, or a bachelor's degree and 5 years progressive, post bachelor's degree experience.
How Long is an Alien Labor Certification Valid?
Indefinitely, as long as you are working. To obtain permanent residence, which allows you to stay in the U.S. regardless of your employment status, you must submit a Form I-140.
Are Dependents Eligible for Permanent Residence?
Yes. When the primary applicant receives approval of an I-140, spouses and all children under 21 are entitled to permanent residence. When the approval is received the applicant and his dependents may apply for permanent residence. If they are in the U.S., they may adjust their status to permanent residence by filing Form I-485.
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