What Is the Labor Certification? and
Why the Labor Certification Is not Required for EB-1C?

Dr. William:

What is the Labor Certification? and why the Labor Certification is not required for EB-1C application?


Answer:

Most employment-based cases require both a job offer by a U.S. employer and the approval by the U.S. Department of Labor (DOL) of an Alien Employment Certification application, before it can file an immigrant petition on behalf of the alien worker. The DOL approval is generally referred to as Labor Certification. 

A job offer is required for EB-1C immigrant executive or manager sponsorship, but a Labor Certification is not, provided that the alien beneficiary did have one year or more experience abroad as an executive or manager. Nevertheless, the sponsorship of all other intra-company transferees does require the Labor Certification. This Labor Certification prerequisite applies to all L-1B visa transferees. It also applies to L-1A visa holders who did not have one year or more experience abroad as an executive or manager.



 

 

 

 

 

 

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