Why Do Employers Need a Labor Certification?

Last week’s post discussed the importance of a Green Card, a document that entitles the holder to work and reside legally in the United States. There are several ways of getting a Green Card, including through family relationship or special categories such as asylum-seekers and crime victims. One of the most common methods is by becoming employed in the country.


labor certification is essential for getting Green Card through employment. A labor certification requires an American employer to demonstrate that there are no qualified or minimally qualified workers in the country to perform the job for which the individual in question is getting hired. The person must be hired as a full-time employee in a permanent position. The employer must specify reasonable educational and experience qualifications for the job in question. They cannot seem to be made specifically for the relevant employee.


The Secretary of Labor provides the labor certification. American employers must attest to how many people are available in the country to perform the job the applicant is going to do and also outline the effect the immigrant employee’s employment will have on the working conditions and wages of those working in similar positions in the country.


Obtaining an employment-based visa can be complicated and require a lot of paperwork to complete. However, this should not deter those who have been offered the opportunity to work in the land of opportunity. Those struggling with understanding the requirements of working in the US may want to consider consulting an experienced attorney.

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Sweta Khandelwal

March 25, 2022 at 10:50 pm sweta@khandelwalgmail.com

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Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.

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