I have very unique qualifications; therefore I should have no problem getting a labor certification due to my background, right?

Not necessarily. Each U.S. employer sets the minimum job requirements for the position offered to the foreign worker. The job requirements will be comprised of education, training, prior experience and any special or unique skill sets minimally needed for any individual to perform the duties of the position. Because the job requirements are the employer’s minimum requirements for the position, they are also independent of the credentials of the particular individual who is holding the job. Thus, a company may and usually does have job requirements which are different than an individual’s personal accomplishments. It is important to keep in mind that for the labor certification process, a potentially qualified candidate must only be minimally qualified, not most qualified.

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