Labor Certification is often the biggest hurdle for prospective immigrants and employers seeking EB-3 visas. The Department of Labor (DOL) must certify (1) that there are no qualified U.S. workers able, willing and available to accept the same job at the prevailing wage for that occupation in the area of the intended employment, and (2) that the foreign national’s employment will not adversely affect the wages and working conditions of U.S. workers similarly employed. Employers interested in permanent employment of foreign nationals should strictly comply with the requirements for labor certification. Short cuts and/or underestimating how the Department of Labor will view an application may result in denial of certification.
Employers seeking Labor Certification must do the following:
Consult San Diego Immigration Lawyer Donald R. Oder to reduce your risk of denial.
Schedule A Occupations (nurses and physical therapists): The Department of Labor has certified that there are an insufficient number of qualified U.S. workers able, willing and available to work in certain occupations, and that employment of foreign nationals in those occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed. Schedule A occupations include professional nurses, physical therapists and foreign nationals of exceptional ability in the sciences and arts (including college and university teachers). Employers seeking to hire qualified foreign nationals in Schedule A occupations do not need to obtain labor certification.