1. Labor Certification is generally required before an immigrant petition for foreign worker can be considered.
2. The US Department of Labor must certify (1) that there are not sufficient US workers who are willing or able or qualified and available at the time and place where the foreign national is to be employed, and (2) that employment of the foreign national, if qualified, will not adversely affect the wages and working conditions of similarly employed US workers.
Exceptions:Extra-Ordinary individuals, Outstanding Professors and Researchers and US branch Managers of an international company are exempt from this certification.
Waivers:Individuals with exceptional ability and advanced degrees can receive a waiver under certain conditions.
Processing Time:Regular: 3 -4 ½ years.
Fast Track: 1 year.