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How to obtain a green card through Labor Certification. Part 1

One of the most popular ways for skilled and professional workers to obtain a green card is through being sponsored for a Labor Certification by an actual or proposed employer. Even though this method is popular, it is also complicated and time consuming. The rules are strict and need to be followed exactly.

The procedure consists of two parts. The first part involves the US Department of Labor (DOL), and the second deals with the US Citizenship and Immigration Services (USCIS). The task of the DOL is to make sure that there are no qualified US workers (including US citizens and green card holders) who are interested in applying for the offered job. After the DOL makes that decision (by issuing a Labor Certification), then USCIS checks the green card applicant's background to make sure that he or she doesn't have any negative history or factors which might disqualify him or her for a green card.

This article will deal with the first part – general requirements. The second part, involving the DOL procedure, will be covered in Part 2 of this 3-part series. The final part will deal with the USCIS procedure after the DOL approves the Labor Certification. The first question in applying to the DOL for a Labor Certification is: who can be a sponsor? Does the applicant have to be working for the sponsoring employer? Can he or she sponsor himself or herself for a Labor Certification?
The answer to this second question is no – one must have a sponsoring employer – either current or future. But it is not required that the applicant currently be working for the sponsoring employer. It is sufficient to offer the applicant a job after he or she receives Labor Certification from the DOL and a green card from USCIS. And, incidentally, once the applicant finally receives the green card, he or she can change his or her mind and decide not to work for the sponsoring employer at all – without losing the green card.

What kind of workers are eligible to receive a green card through Labor Certification? There are several categories, but I will deal only with the two most frequently used for Labor Certifications. These are EB-2 – a job that normally requires a master's degree or the equivalent, and EB-3, a job normally requiring a bachelor degree or the equivalent. What does “equivalent” mean? Generally, it means that three years work experience is equivalent to one year of university education in the field required by the job offered. For example, for a position as an information systems analyst, three years of university studies in that (or a related) field, plus three years of related work experience will be considered to be equal to a bachelor degree in that field. It follows from the above that formulating the job requirements is crucial to success in a Labor Certification green card case. I will discuss this in detail in my next article – Part 2 of this series.

Roger Algase
Attorney at Law