Some employment-based immigrant visa preferences require a job offer from a U.S. employer prior to filing.
This employer is considered a sponsor.
For some visa categories, before the U.S. employer can submit an immigration petition to United States Citizenship and Immigration Services on behalf of the alien, the employer must first prepare and obtain an approved labor certification from the U.S. Department of Labor (DOL).
Labor certification is granted only in those cases where the employer can demonstrate that qualified U.S. workers are not able, available, and/or unwilling to accept employment in that position.
The U.S. Department of Labor reviews the application and determines if all the key elements in the application are acceptable.
If U.S. Department of Labor finds that the employer’s application is unduly restrictive or has excessive minimum requirements it will contact the employer. If everything is acceptable, the U.S. Department of Labor will certify the application.
A Summary of the 5 Steps in the Employment Based Green Card Process is available at:
A more detailed narrative explanation of the Labor Certification and Employment Based Green Card Process is attached here.