In Eb-3 and Eb-2 (except for National Interest Waiver) immigrant petitions, before the U.S. employer can submit an immigration petition to the U.S. Citizenship and Immigration Services USCIS), the employer must obtain an approved labor certification request from the DOL. The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.
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