How does the labor certification process work?

A labor certification is issued by the Department of Labor and certifies that no American worker was available for the respective job offered by the petitioner.

The first step in this (very complicated) bureaucratic process is for the employer to file a labor certification petition with the appropriate State Workforce Agency (SWA). The employer will then be required to make every possible effort to fill the position with an American worker.

Advertisements will be placed in newspapers, on the internet and in publications. Applicants have to be interviewed. The employer will have to write a detailed report of the recruiting campaign. The final decision to approve the petition is made by the National Processing Center (NPC).

Only after the labor certification has been issued, can the employer file a visa application with the appropriate USCIS service center.

The process described above should not be underestimated and can, in most cases, be very time-consuming.