Grounds for Inadmissibility - Labor Certification Issues
Certain people are “inadmissible” for purposes of entry into the United States, either as an immigrant or as a visitor. There are many reasons why a person could be considered inadmissible to receive a visa and enter the United States, including that there were problems with the person’s labor certification.
General rules
In general, both skilled and unskilled laborers seeking to enter the United States to perform work are inadmissible unless there are not sufficient workers who are able, willing, qualified, and available to perform the same work and the employment of such laborer will not adversely affect the wages and working conditions of workers in the United States who are similarly employed. In order to obtain work as either a skilled or unskilled laborer in the United States, an alien must first obtain a “certification” from the U.S. Secretary of Labor stating these facts.
Without the labor certification, an alien wishing to work in the U.S. is inadmissible. In addition, if the alien obtains the labor certification on the basis of fraud, the alien is inadmissible.
Generally, waivers are not available for this ground of inadmissibility. This category of inadmissibility may be subject to waiver, however, upon the meeting of certain requirements specific to the category as determined by the Immigration and Naturalization Act, the U.S. Customs and Immigration Service, and applicable immigration regulations.
Specific Labor Situations Noted in the INA
Professional Athletes
A labor certificate issued to a professional athlete remains in effect if the athlete changes employers if the new employer is a team in the same sport as the team which employed the athlete when the athlete first applied for certification.
Healthcare Professionals
Aliens who are graduates of medical schools in foreign countries are inadmissible to perform medical services in the United States unless they pass a special medical skills examination given by the National Board of Medical Examiners Examination and are competent in oral and written English.
Aliens in the healthcare field (not including physicians) are inadmissible unless they present certification from the Commission on Graduates of Foreign Nursing Schools or an equivalent independent credentialing organization approved by the USCIS verifying the alien’s education, training, license, and competency in English.
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