What is Labor Certification?

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Generally, the first step in obtaining permanent residence (“green card”) on behalf of a foreign worker is labor certification. Labor certification is the process of proving that there are no qualified U.S. workers for the position being offered to the foreign worker. Indeed, labor certification’s stated goal is to “protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers.” If there are qualified U.S. workers then the foreign worker cannot be offered the position on a permanent basis.