Labor certificate and Employment Authorization Document (EAD) are two separate and distinct documents. A labor certificate is issued by the Department of Labor while the EAD is issued by the USCIS.
Labor certificate
Employers who submit a green card petition for an alien employee on Form I-140 Immigrant Petition for Alien Worker must obtain a labor certification from the Department of labor before filing the petition. Generally all employment based green card application must be accompanied by a labor certificate. The priority date for such green card application will be date on which the Department of Labor receives the application for labor certificate. The application for a labor certification must be made by the employer on Form ETA-9089 with the State Employment Security Agency (SESA) describing in detail the job duties, educational requirements, training, experience and other special capabilities the applicant must possess to do the work, and a statement of the alien employee’s qualifications.
Employment Authorization Document
An Employment Authorization Document is a document issued by the USCIS which allows certain non-immigrant aliens, refugees, asylum applicants and asylees to work in the US. The application for an EAD must be made by the beneficiary and not by the employer. The alien must submit the application on Form I-765 Application for Employment Authorization to the USCIS.
Difference
Other than the fact that the labor certificate and the EAD are issued by two different authorities, there are numerous other difference. In a labor certificate, the employer is the applicant and the alien employee is the beneficiary whereas in case of an EAD, the alien is the applicant and the beneficiary. The labor certificate does not give the alien the right to work in the US while an EAD allows the alien work anywhere in the US for any employer. The EAD is not employer dependant. The alien need not have a job appointment before applying for an EAD. Generally all employment based green card applications require labor certification. An EAD is not required for any green card application. If the USCIS has not arrived at a decision on an alien’s application for EAD within 90 days, the alien can obtain an interim work authorization. There is no interim labor certification. An EAD is generally valid for one year. Labor Certificate has no expiration as long as the job for which it is approved is still available.
Getting legal help
Labor certificate and employment authorization document are different. Consult with an experienced US immigration attorney to know which of the two is applicable in your case.
