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Labor certification required for some, but not all, EB statuses

Here in the U.S., there are multiple types of employment-based permanent resident statuses an immigrant could be granted. The five general types are EB-1, EB-2, EB-3, EB-4 and EB-5, with each of these general categories covering different types of workers.

Whichever of these statuses is being sought, the process of trying to get a green card based on employment can be quite complex. However, what the process will specifically entail is not the same for each type of status. For one, not all the statuses have the same types of requirements.

Take the labor certification requirement for example. The process of seeking such certification is a complicated one that has various recruitment, attestation, and notice requirements connected to it.

Being granted a labor certification is a requirement for many kinds of employment-based immigration. Generally, such a certification is required in order for a worker to be eligible to granted EB-2 or EB-3 status.

However, labor certification is not required for all kinds of employment-based immigration. For one, there are certain exceptions under which EB-2 or EB-3 status could be granted without a labor certification. These exceptions are outlined on the labor certification page of our law firm's website. Also, such certification is not a requirement for EB-1, EB-4 or EB-5 status.

Given that there are several different types of employment-based permanent residency, that the requirements differ between the various types and that there can even be significant variation in kinds of issues that could come up within one type, each particular employment-based immigration matter regarding the pursuit of permanent residency status raises its own unique concerns.

When the issues particular to a given employment-based immigration matter aren't addressed correctly, it could have major implications for both the company and the foreign worker involved. This is why it can be so critical, for both employers and foreign workers involved in employment-based immigration matters, to have a skilled immigration attorney's guidance on what issues and requirements are connected to the matter and how to address these issues/requirements (such as the labor certification requirement, when applicable) when trying to navigate the matter.

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