Permanent Labor Certification for Foreign Workers

To ensure that the admission of foreign workers into the United States does not adversely affect the wages, working conditions, and employment opportunities of U.S. workers. To assist U.S. employers seeking to hire foreign workers when no able, willi

Any U.S. employer that is unable to find qualified U.S. workers to meet its needs and seeks to hire a foreign worker to fill a given job opportunity on a permanent basis is eligible to file an application for permanent labor certification with the Department of Labor. An employer who seeks to employ a foreign worker under the Department of Labor's Schedule A list of pre-certified occupations contained in Part 656, Title 20, Code of Federal Regulations is eligible to file a petition for a foreign worker directly with the Department of Homeland Security's U.S. Citizenship and Immigration Services.

Any U.S. employer that is unable to find qualified U.S. workers to meet its needs and seeks to hire a foreign worker to fill a given job opportunity on a permanent basis is eligible to file an application for permanent labor certification with the Department of Labor. An employer who seeks to employ a foreign worker under the Department of Labor's Schedule A list of pre-certified occupations contained in Part 656, Title 20, Code of Federal Regulations is eligible to file a petition for a foreign worker directly with the Department of Homeland Security's U.S. Citizenship and Immigration Services.

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a labor certification from the DOL's Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

U.S. employers may, upon meeting certain employment conditions and immigration requirements, use this assistance to file an immigrant petition with the Department of Homeland Security's U.S. Citizenship and Immigration Services seeking to hire a foreign worker on a permanent basis.

Applications for permanent labor certification may be filed at any time.

Prior to filing an application for permanent labor certification, the U.S. employer must request a prevailing wage determination from the National Prevailing Wage Center (NPWC). When filing the application for permanent labor certification, the U.S. employer must attest, among other conditions of employment, to having conducted recruitment for U.S. workers prior to filing the application.

U.S. employers must file permanent labor certification applications with the Department of Labor (except for Schedule A occupations). See www.dol.gov/agencies/eta/foreign-labor/programs/permanent for additional details.

If the Department of Labor approves the application for permanent labor certification, a certification is issued to the U.S. employer (or its agent/representative) that submitted the application. The permanent labor certification can then be submitted by the sponsoring employer in support of its immigrant petition for a foreign worker with United States Citizenship and Immigration Services (USCIS).

The time frame for processing of permanent labor certification applications varies based on the circumstances of each case and the volume of applications received.

The permanent labor certification program provides for reconsideration by a Certifying Officer and/or administrative review by the Department of Labor's Board of Alien Labor Certification Appeals (BALCA) upon the U.S. employer's request.