Comprehensive Overview of Immigration Law (COIL) Practice Exam

Which of the following is required for certain permanent employment-based immigrant categories?

1. A labor certification from the Department of Labor

2. A family sponsorship

3. A waiver of inadmissibility

4. An application for a nonimmigrant visa

The correct answer is: A labor certification from the Department of Labor

A labor certification from the Department of Labor is indeed required for specific permanent employment-based immigrant categories, specifically under the Employment-Based Second Preference (EB-2) and Employment-Based Third Preference (EB-3) categories. This certification serves to confirm that there are not enough qualified U.S. workers able, willing, and available to fill the job offered to the foreign national. In addition, it helps ensure that hiring the foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers. The process involves an employer demonstrating recruitment efforts and receiving approval from the Department of Labor (DOL) before proceeding with the immigrant petition. The other options are not applicable in the same context. Family sponsorship pertains to family-based immigration categories, a waiver of inadmissibility is relevant for individuals who may be barred from entering the U.S. for various reasons but is not a general requirement for employment-based categories, and an application for a nonimmigrant visa relates to temporary admissions rather than permanent residency.