Labor Certification
Labor Certification is the first step in the green card process for those being sponsored in the 2nd and 3rd Employment Based categories. In order to file a visa petition with the USCIS, the employer/sponsor must first obtain an approved Labor Certification from the Department of Labor.

To start the labor certification process the foreign national’s employer/sponsor is required to file an application for Labor Certification with the United States Department of Labor. In this application, the employer will identify the job title, job description, salary, requirements, and he will describe any efforts it has made to recruit workers for the position. Additionally, a separate form describing the employee's employment history and qualifications is submitted to the Department of Labor.

Reduction in Recruitment: If the employer has been conducting recruitment for the particular position in which the applicant for permanent residence will be hired, the employer may request a "reduction in recruitment." In this procedure, the employer submits evidence of its prior recruitment for the particular position in an effort to demonstrate to the Department of Labor that it has made significant efforts to recruit American workers for the particular position that the foreign national will hold.

If an employer has not conducted any recruitment for the particular position that the foreign national has been offered, the employer will be required to recruit American workers under the direction of the Department of Labor. This procedure involves placement of a three-day advertisement in a newspaper of large distribution. The advertisement must contain the complete job description and requirements, as well as the location and salary offered. Because of the strict advertising requirements of the Department of Labor, most employers opt for a Reduction in Recruitment application when possible.

Processing Times: Processing times for regular and reduction in recruitment cases are extremely slow throughout the US. In the Northeast region, including Philadelphia, New York, Newark and Washington, DC, processing times are running approximately 12 months. Due to the lengthy process, labor certification proceedings should be started well before the applicant reaches the third year of their H-1B status.