Glossary > Employment Law > Immigration And Work Authorization > General

Labor Certification

Labor Certification is a process where an employer proves to the government that there are no qualified U.S. workers available to fill a particular job, hence the need to hire a foreign worker.

Example #1

An IT company wants to hire a software engineer for a specialized project but cannot find qualified local candidates. They apply for labor certification to demonstrate the need to hire a software engineer from another country.

Example #2

A healthcare facility needs a specialized nurse with unique qualifications, and after efforts to find a suitable local candidate are unsuccessful, they seek labor certification to hire a nurse from abroad.

Misuse

Misusing labor certification could involve falsely claiming there are no qualified U.S. workers available for a job, leading to the exclusion of capable American employees from opportunities. This could harm domestic workers by limiting their employment options and could result in unfair practices that go against the principles of equality and fairness.

Benefits

Labor certification ensures that foreign workers are only hired when there is a genuine need due to the unavailability of qualified U.S. workers. This process protects American workers by giving them priority for available job opportunities.

Conclusion

Labor certification plays a crucial role in maintaining fairness in the job market by safeguarding the employment opportunities of U.S. workers and ensuring that foreign workers are employed only when necessary and in compliance with regulations.