DOL Letter Regarding Labor Certications Filed on Behalf of LPRs

November 7, 1994

Barbara Hines, Esq.
1005 E. 40th St.
Austin, Texas 78751

Dear Ms. Hines:

This is in response to your letter of September 2, 1994, inquiring about the Department of Labor's policy regarding the processing of an Application for Employment Certification filed on behalf of a lawful permanent resident.

The Department would not knowingly process a labor certification application filed on behalf of an alien already admitted for lawful permanent residence. Such a filing would be inconsistent with the labor certification regulations and the Immigration and Nationality Act (INA). The provisions governing the labor certification program exist for employers seeking to hire aliens for permanent jobs. It would seem that an alien admitted for lawful permanent residence would not be within the scope of the definition of "alien" at section 101(a)(3) of the INA. Moreover, the Secretary of Labor cannot issue a certification under section 212(a)(5)(A) if qualified U.S. workers are available for the job opportunity. Aliens admitted for lawful permanent residence are within the scope of the definition of U.S. worker at 20 CFR 656.3. Accordingly, it would not be possible for the Secretary to issue a labor certification in accordance with the permanent labor certification regulations if the proposed beneficiary of a labor certification were a U.S. worker.

However, if an alien admitted as a lawful permanent resident subsequently abandons his/her permanent resident status, it would be appropriate for an employer to file an application for alien employment certification on behalf of such an alien.

I hope this information is helpful to you.

Sincerely,

Flora T. Richardson
Chief
Division of Foreign Labor Certifications