Yes. Assuming the foreign worker possesses a non-immigrant work or other visa.
FAQs about the Labor Certification and Employment
Can a Labor Certification application be processed while the foreign worker is outside the United States?
Yes. The foreign worker does not have to be physically present or presently employed by a U.S. employer to process a Labor Certification application.
Can a foreign worker begin employment in the United States without Labor Certification?
Yes. If the foreign worker obtained a non-immigrant work visa category (i.e. H-1B) then the foreign worker can begin and continue employment while the Labor Certification is being processed.
Does Labor Certification allow a foreign worker to be lawfully employed in the United States?
No. Labor Certification is not a work permit or a non-immigrant work visa. It does not bestow the ability to work legally in the United States.
