Coming to Work in the United States: The U.S. Department of Labor

Employers who want to get U.S. residency for foreign workers must first get a labor certification.

Foreign workers may obtain green cards to come to the United States only if their potential U.S. employer proves that no American worker is available to take the job. The requirements are much less for foreign workers seeking to enter the U.S. on temporary visas, such as H-1s, not covered here.

The U.S. Department of Labor (DOL) must approve of the job offer before the visa application process begins. The DOL investigates whether the employer has looked for an American worker to take the job. Once the DOL is satisfied that no qualified American worker is available, it issues what is called a "labor certification." Only then can the foreign worker apply for a visa. The investigation process can take two years or more.

There are exceptions to the labor certification requirement, including:

• workers in what is called the "employment first preference," including persons of extraordinary ability in the arts, sciences, education, business or athletics; outstanding professors and researchers; and managers and executives of multinational companies
• millionaire entrepreneur immigrants ("employment fifth preference")
• religious workers coming as "special immigrants" ("employment fourth preference"), and
• people whose occupations are listed on "Schedule A," meaning that the U.S. government recognizes a shortgage of such workers.

Labor Department offices in the 50 states carry out labor certification investigations on behalf of the federal Department of Labor. The employer who wants to hire the foreign worker must go through the labor department in their state. Each state has its own procedure;contact the central office of the state labor department, division of employment, training and administration for information.