The employer hiring employees under Labour certification usually undertakes proper recruitment campaign for the qualification. They involve different process of advertising the position in a variety of venues to recruit qualified U.S. workers.
Labour certification is required only for persons seeking immigration on the basis of employment. It is not necessary for those seeking to immigrate on the basis of a family relationship with the citizen or a permanent resident, or refugees. Some categories of employment-based immigration do not require labour certification.
Other categories for which labour certification is not required are:
A) EB-2s with National Interest Waiver — It include those person who qualify for the second preference and whose services are considered for national interest.
B) Qualified Physical Therapists and Professional Nurses— Persons who qualify for the second preference or third preference , and who work in occupations listed on Dept. of Labour’s Schedule A, Group 1.
C) Certain EB-2-2 Aliens of exceptional ability — Those persons who qualify for the second preference (EB-2), and who come under the exceptional ability in the sciences or arts as defined in Dept. of Labour’s Schedule A, Group 2.
D) Certain qualified graduates of foreign medical schools – It includes those who are unable to use the EB-1 extraordinary ability category, which is allowed for Labour certification requirement, and those in the EB-2 category for whom the Labour certification requirement has been waived.
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