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What are the requirements of a Labor Certification application?

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  • The U.S. employer must attest that it is offering a full-time, bona fide and permanent position to the foreign worker.
  • The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage.
  • The U.S. employer must attest that there are no U.S. workers able, willing, qualified and available for the position.
  • The U.S. employer must attest that employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
  • The foreign worker must meet the requirements (educational, experience, training) for the position.