Thursday, March 27, 2008

Labor Certification Under PERM

Section 212(a)(5)(A) of the Immigration and Nationality Act ("INA") prohibits the entry of certain immigrants who are entering the United States to perform labor, unless the Secretary of Labor has certified that there is a shortage of U.S. workers to perform such labor and that the employment of the alien will not adversely affect wages and working conditions of such workers. An intending immigrant who requires a permanent labor certification, but does not have one, will be inadmissible under INA §212(a)(5)(A).
Permanent labor certification requirements are applicable only to the second and third employment-based preference categories. However, an employment-based second preference beneficiary who has obtained a national interest waiver will be exempted from the requirement of a permanent labor certification). The labor certification requirement also does not apply to the first employment-based preference, family-based immediate relative and preference categories, immigrant investors, special immigrants, or refugees/asylees.

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