What is required for an applicant under the employment-based immigration category?

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For an applicant under the employment-based immigration category, the requirement of a valid job offer and labor certification from the Department of Labor is crucial in most cases. This process is designed to ensure that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively impact the wages and working conditions of U.S. workers.

Typically, the employer must go through the labor certification process, which includes proving that they have made genuine efforts to recruit a U.S. worker for the role and that such efforts were unsuccessful. Once labor certification is obtained, it can be used to support the petition for the foreign national's immigration visa. This step is fundamental in the employment-based immigration process as it establishes the legitimacy of the job offer and underscores the necessity for hiring the foreign applicant.

While other options might include elements related to the overall immigration process, they do not specifically align with the core requirement of employment-based immigration applications, which hinges heavily on the interplay between the job offer and labor certification from the Department of Labor.

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