Controversy
As with many immigration procedures, labor certification tends to be controversial. Its backers argue that it is a rigorous procedure for determining that only foreign workers who truly have skills needed by the US labor market and not readily available locally are hired. Its critics, however, say that US employers will first hire a foreigner on a long-term temporary visa, and then try to tailor the job description so that that foreigner is the only person who could possibly be hired - thus gaming the labor certification process to guarantee a favorable outcome. However, the job requirements, as described by the petitioning employer in the labor certification application, must represent the employer’s actual minimum requirements for the job opportunity. Those job requirements described on a labor certification application are reviewed and evaluated closely by the Department of Labor in accordance with the Code of Federal Regulations that sets forth the standards for determining the appropriate requirements for a job opportunity. Ultimately, the employer must prove that they have not hired workers with less training or experience for jobs substantially comparable to that involved in the job opportunity.
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