Labor certification refers to the permanent labor certification (referred to as PERM) that employers must receive before applying for a visa for non-U.S. citizens that the employer wishes to employ within the U.S. The employer must go through a set of procedures attempt…
A guide to labor certification
To receive a labor certification, the employer must first establish a legitimate job posting with the accurate details of the job and experience requirements. After this, the employer must receive a prevailing wage determination that will set a minimum compensation for the job posting. This requirement ensures that U.S. employers are not attempting to offer lower wages than U.S. citizens will accept because foreign employees will. The employer then must follow guidelines for posting the job for at least 30 days in different locations. Only if no qualified applications are submitted may the employer file for a labor certification for a foreign applicant. It is important to note that if the Department of Labor (DoL) suspects that the employer is not being honest in the process, the PERM application may be rejected or audited. For more information, see the DoL website here.
Why labor certification is relevant in U.S. law
labor certification appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
When and how labor certification applies
In practice, labor certification is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.