What is the difference between a labor condition application and labor certification?
A labor condition application relates to the payment and working conditions of the prospective employee. Labor certification, filed on the form ETA-750, establishes that there are not sufficient qualified worker available in the particular profession at the time and place where the alien will be employed and that the employment of the alien, if qualified, will not adversely affect the wages and working conditions of similarly employed United States workers. A labor condition application is filed in the case of a temporary work petition in the H-1B category. Labor certification approval is a prerequisite to filing a temporary work (H-2) petition, and an immigrant visa petition in the employment based second and third preference categories. A labor condition application and labor certification are filed with the Department of Labor.