Certain positions require an approved labor certification request from the Employment and Training Administration (ETA). The ETA is a Department of Labor agency responsible for certifying that no qualified, willing, and able U.S. worker is available for the hiring request at prevailing market wages. They must also certify that hiring a foreign worker would not be a detriment to existing U.S. workers’ wages and working conditions. The employer is responsible for filing a labor certification request on behalf of the prospective employee.

Not all occupations require labor certification. The employer files a visa petition based on a specific occupation classification, subsequent to an employee’s labor certification approval, or if a labor certification is actually required. The USCIS approves visa petitions in the following occupation categories:

• First preference (no labor certification required)
  
  
  • Persons of extraordinary ability in the arts, sciences, education, business or athletics
  • Outstanding professors and researchers
  • Multinational executive and manager transferees<


• Second preference (labor certification required unless qualifications for a National Interest Waiver are met)
  
  
  • Professionals holding advanced degrees
  • Aliens of exceptional ability


• Third preference (labor certification required except for registered nurses and physical therapists)
  
  
  • Skilled Workers (minimum of two years experience or training)
  • Professionals with a bachelor’s degree or equivalent
  • Other Workers (less than two years experience or training)


• Fourth preference
  
  
  • Religious workers with two years of previous experience (no labor certification required)


• Fifth preference
  
  
  • Investors with a $1 million investment or, for targeted employment areas, a $500,000 investment and who creates employment for ten U.S. workers (no labor certification required)

Only a certain number of employment visas are available every year for each employment category based on quotas assigned to various countries.

Our lawyers assist sponsoring employers in navigating the complexities of immigration employment. We prepare all necessary documentation, which is often extensive and may include documenting available funds to pay wages.