Generally, the Labor Certification is the first step in filing most employment-based petitions. This includes immigration petitions involving professionals with Advanced Degrees or Exceptional Abilities (EB-1), excluding NIWs or National Interest Waivers (EB-2) and petitions for professionals with bachelor degrees, skilled workers, and unskilled workers (EB-3).

Immigration petitions in the following categories do NOT require a Labor Certification:

• All Family-Based immigration petitions
• Aliens with Extraordinary Abilities, Outstanding Researchers/Professors, and Intra-Company Transferees for Multi-National Executives (EB-1)
• NIWs or National Interest Waivers (EB-2)
• Investors (EB-5) What is the general procedure for filing a Labor Certification?

The Labor Certification process is outlined below, with slight variations depending on the state in which it is filed.

1. The employer files form ETA 750 Parts A & B and its supporting documents with the State Workforce Commission;
2. The State Workforce Commission gives the employer a receipt and a priority date is established;
3. The State Workforce Commission reviews the application and provides feedback to the employer;
4. The employer modifies the application in accordance with the feedback received;
5. The State Workforce Commission requests that the employer begin a recruitment (job) campaign to test the local job market where the employment offer is located;
6. The State Workforce Commission posts an advertisement within its job databank for sixty (60) days;
7. The employer posts a job advertisement in a local newspaper where the employment offer is located for at least three (3) days;
8. Any inquiries received in response to the job posting are sent to the State Workforce Commission and then forwarded to the employer;
9. The employer conducts interviews of all prospective candidates;
10. The employer provides a summary of its recruitment efforts to the State Workforce Commission;
11. If the State Workforce Commission is satisfied that the employer has conducted good faith interviews and there are no qualified available U.S. workers to fill the job opening, it will submit a favorable recommendation to the Department of Labor;
12. The Department of Labor reviews the case and may raise additional questions or issues;
13. Once the Department of Labor is satisfied, the Labor Certification application is approved and a labor certificate is issued. The employer may then file an I-140 petition on behalf of the alien;
14. If the Department of Labor is not satisfied with the application, the application is denied and a notice of finding is issued. If the labor certification is denied, the employer may either submit an appeal to the Administrative Appeal Board of the Department of Labor or re-file the labor certification after six months.

Labor certification is a complicated process. We recommend that you obtain assistance from an experienced immigration attorney.

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