Labor certification requires that the employer demonstrate to the DOL that there is an unavailability of willing, able, and qualified U.S. workers to fill the position for which the foreign worker is being sponsored.
For an occupation to be selected as a Schedule A occupation, the DOL must determine that there are “not sufficient United States workers who are able, willing, qualified, and available for the occupations listed, and that the wages and working conditions of United States workers similarly employed will not be adversely affected by the employment of aliens in Schedule A occupations.”
The employment-based first preference category is also known as the "priority worker" or EB-1 category. Workers falling into the EB-1 category do not need to obtain a labor certification from the Department of Labor prior to filing the immigrant visa application.
Obtaining a National Interest Waiver (or "NIW") is another way by which a foreign national may obtain lawful permanent resident status in the United States.
For most individuals who are pursuing an application for Lawful Permanent Resident status who are present in the United States, filing an I-485 Adjustment of Status application is the last step in their green card application process. The I-485 application is required for individuals pursuing permanent resident status based on employment-based (I-140) and family-based (I-130) immigrant petitions.