What is Permanent Labor Certification?
Permanent labor certification applications accepted by the US Department of Labor account for a considerable portion of Immigrant Petitions for Alien Workers (Forms I-140) (DOL). DOL does not normally assess the beneficiary's qualifications for the position when adjudicating a permanent labor certification application; USCIS has this jurisdiction and obligation. As a result, officers must evaluate these petitions to determine that the position offered is the same or similar to the DOL-certified position and that the beneficiary fits the required criteria. In this article a houston labor certification attorney explains what is a permanent labor certification in detail
First choice is based on employment (EB-1) Beneficiaries of authorized permanent labor certifications issued by the DOL are not obligated to be beneficiaries. Beneficiaries seeking employment-based 2nd or 3rd preference (EB-2) (EB-3) Immigrant visas, on the other hand, must normally be the recipients of authorized permanent labor certifications. For people living in Houston, do check immigration lawyer houston texas for more information regarding immigration.
Individual Permanent Labor Certificates
In general, petitioners filing EB-2 and EB-3 petitions must first receive approval from the Department of Labor (DOL) for the beneficiary's permanent labor certification application. A permanent labor certification application that has been approved proves that:
- The petitioner conducted a labor market analysis in the geographic area where the permanent job offer is located in order to determine that there are no able, qualified, and available U.S. employees willing to accept the permanent job offer;
- The beneficiary's employment will have no negative impact on the pay and working conditions of similarly employed U.S. workers.
Individual permanent labor certifications approved on or after July 16, 2007, have a 180-day validity period. Petitioners have 180 calendar days from the date the DOL approves the permanent labor certification application to submit the permanent labor certification in support of a USCIS petition.
Find the best immigration attorney information in spanish at el mejor abogado de inmigracion. If the permanent labor certification has expired or the petition is filed without the authorized permanent labor certification, USCIS will reject the petition. The United States Citizenship and Immigration Services (USCIS) has denied a petition that was mistakenly granted without the needed, legitimate permanent labor certification.
- There is a change in the successor-in-interest employer, which necessitates the filing of a new or revised petition;
- The petitioner intends to file a new petition after the previous petition was denied, revoked, or abandoned, and the permanent labor certification was not invalidated as a result of serious deception or fraud in the labor certification application;
- The petitioner files an amended petition in order to request a different immigrant visa classification than the one requested in the original petition.