What are the limitations on the labor certification?

A labor certification is job specific, location specific, and employer specific. As a result, it cannot be “transferred” to another position nor can it be transferred to another job location/site which is outside a normal commuting distance. Additionally, in most cases a labor certification cannot be transferred to another employer. Only in rare circumstances can a successor in interest employer (as a result of a merger or acquisition) possibly be able to continue a labor certification that was previously filed on behalf of a predecessor company. The successor in interest exception involves highly complicated rules so it should never be assumed that a new employer will be considered a successor in interest for immigration purposes. In totality, if any of these three factors change, chances are the labor certification will become invalid for that foreign worker, e.g. a promotion or job reassignment, relocation, termination of the employer relationship or other similar changes can invalidate the labor certification. If any such changes occur in relation to a foreign national’s position where a labor certification is under draft or has been filed, the foreign national and/or the U.S. employer should contact their our firm to discuss further.

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