EB-2 & EB-3 & Labor Certifications

The labor certification ensures U.S. citizens and the Department of Labor that the immigration of a foreign national on the basis of an employment offer will not adversely affect the wages and working conditions of U.S. workers. This process is generally used for professionals, skilled workers and other workers (EB-3) and workers with advanced degrees or exceptional (EB-2).

A labor certification is not required for first preference persons of extraordinary ability (EB-1) and fifth preference employment creation or investor immigrants (EB-5) because no adverse labor consequence is thought to flow from these classifications. Additionally, exemption from individual labor certification exist via a national interest waiver for certain members of the professions holding advanced degrees or foreign nationals of exceptional ability (EB-2).