The U.S. Department of Labor (DOL) and Immigration

Before you can file with USCIS, many employment visas require approval from the Department of Labor. Here's why.

While USCIS handles immigration benefits, the U.S. Department of Labor (DOL) plays a critical gatekeeping role for most employment-based visas. The DOL's primary mission in this context is to protect U.S. workers by ensuring that foreign workers do not negatively impact wages or working conditions. Before an employer can petition for a foreign worker, they must often first prove to the DOL that there are no qualified U.S. workers available for the position.

The DOL's role is not to grant visas, but to provide the necessary certification that an employer must include in their petition to USCIS. Without DOL approval, many employment-based visa applications cannot move forward.

workKey DOL Processes in Immigration

The DOL's Employment and Training Administration (ETA) manages the two most common processes that employers and immigrants encounter.

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  PERM Labor Certification (Form ETA 9089): This is the most complex process, required for most EB-2 and EB-3 employment-based green cards. The employer must conduct a rigorous recruitment campaign to prove to the DOL that they were unable to find a minimally qualified U.S. worker for the job.
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  Labor Condition Application (LCA - Form ETA 9035): This is required for H-1B specialty occupation visas. With an LCA, the employer attests that they will pay the foreign worker the "prevailing wage" for the job in that geographic area and that hiring the worker will not harm other employees.

translateWhy Translations are Critical for the DOL

Both PERM and LCA processes are heavily scrutinized and subject to audits. The employer must prove that the foreign worker's qualifications (education, experience, and skills) precisely match the requirements listed in the application. Any evidence of these qualifications must be in English.

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  Foreign Experience Letters: If a job requires prior experience, letters from foreign employers verifying that experience must be submitted with a certified English translation.
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  Educational Credentials: Foreign diplomas and transcripts must be translated and often accompanied by a credential evaluation to prove they meet U.S. standards.
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  Business Documents: In some cases, an employer may need to provide translated business registration documents or financial statements to prove the company's legitimacy.

An inaccurate or uncertified translation can lead to a PERM denial or an LCA audit, delaying the entire immigration process by months or even years.

Pass DOL Scrutiny with Perfect Translations

Don't let a translation error derail your employment-based visa. Ensure your foreign experience letters, educational documents, and other evidence are meticulously translated and certified to meet the DOL's exacting standards from the very beginning.

Get Your DOL Documents Translated