LABOR CERTIFICATION AND IMMIGRANT WORKER VISAS

One historically popular path to obtaining permanent resident status in the United States is through employment based visa petitions.  That process usually begins with a permanent labor certification issued by the Department of Labor (DOL) that allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL's Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Getting approval of your labor certification and even your employment based immigrant visa petition does not always translate into an immediate opportunity to obtain resident status.  Presently, most worker visa petition categories have lengthy waiting lists for visas to become available.  A complete listing of the various employment visa categories and the waiting times for each type of visa can be found in the US Department of State, Visa Bulletin that is published monthly and can be found at http://travel.state.gov/visa/bulletin/bulletin_5197.html. Because employment visa petition processing is highly complex advice of counsel is critical for a successful outcome.