Employment Based Immigration represents about 13% of the total US immigration. The Immigration and Nationality Act (INA) provides a yearly limit of 140,000 on employment-based immigrant visas which are divided into five preference categories. This total includes immediate family members (spouse and children) of the principal applicant. Further, there is a PerCountryLimit. They may require a labor certification from the U.S. Department of Labor (DOL), and the filing of an immigrant petition with United States Citizenship and Immigration Services (USCIS) in the Department of Homeland Security .
Employer/Petitioner files for Labor Certification (Form ETA 9089) from DOL, if required for the occupation.
The LCA is intended to assure that a petitioner/employer is NOT seeking to employ the foreign national for a particular job when qualified U.S. workers (U.S. citizens or Legal Permanent Residents “Green Card” holders) are able, qualified, available, and willing to fill such a position. Employers must also document that employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers, and they must pay the foreign worker the prevailing wage for the occupation.