Certain employment-based categories require the filing of a labor certification application.  The purpose of the labor certification is to test the domestic labor market to ensure that there are no U.S. worker-applicants who are willing, able, and qualified for the position for which certification is requested.

An employer must comply with mandatory recruitment requirements and undergo good faith recruitment in considering U.S. applicants as they normally would with any other position.  At the end of the recruitment period, if it is determined that know qualifying applicant exists, the employer will file their application with the Department of Labor.

The Department of Labor will approve, deny or audit the application.  In case of an audit, the employer is required to provide all recruitment documentation to show that a good faith effort was made to hire a U.S. worker.

An employer must retain all documents pertaining to the Labor Certification process for five years.