How do I apply for a US Visa through labor certification? I would like to work in the US.

I am an alien and would like to go to the United States to work.  I want to apply for a visa and I read about labor certification.  How do I apply for labor certification? Do I apply for the labor certification through the Department of Homeland Security or through the Department of Labor?

Answers (1)

Most foreign nationals coming to the United States to work must be sponsored by an employer who has offered the foreigner a job, so in most cases, you would not apply for alien certification for yourself.  A U.S. employer must actually begin the process for the foreign national. The employer must petition for Department of Labor Certification.

In order to receive that certification, the employer must file a Labor Condition Application with the Department of Labor.  The employer will have to state what the wages will be and what the working conditions will be.  The employer will also have to show the efforts made to hire a U.S. worker and must show that the wages he will pay a foreigner will be the same as what U.S. workers in that position and that part of the country are making as well.  The employer then has to file Form I-129 and pay a fee.  Once the USCIS approves the petition, then the immigrant can apply for the H-1B visa.

For more detailed information from the Department of Labor, please see the following website:  http://www.foreignlaborcert.doleta.gov/howdoi.cfm

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