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Labor Certification
Labor certification is approval from the US Department of Labor (DOL) confirming that hiring a foreign worker will not take a job from, or lower the wages of, qualified US workers. It is required before many employment-based visas and green cards.
Main types
- Permanent labor certification (PERM): for most EB-2 and EB-3 green cards. The employer tests the job market and files Form ETA-9089.
- Temporary labor certification: required for H-2A farm workers and H-2B seasonal workers, filed with DOL before the USCIS petition.
- Labor Condition Application (LCA): a lighter attestation for H-1B, H-1B1, and E-3 workers. It is often grouped with labor certification but is a separate process.
Some cases skip labor certification, including the national interest waiver, EB-1 categories, and Schedule A jobs. See our PERM guide and H-2A and H-2B visa pages.
Frequently asked questions
Is labor certification the same as PERM?
PERM is the name of the permanent labor certification program. Temporary H-2A and H-2B programs have their own certification.
How long is a PERM labor certification valid?
An approved PERM must be used to file an I-140 within 180 days.
Does the worker file labor certification?
No. The employer files it with DOL.
Official sources
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.