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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.

On this page
  1. Main types
  2. Frequently asked questions
  3. Official sources

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

  1. DOL: Office of Foreign Labor Certificationdol.gov

General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.