Can the DOL deny certification even with an approved I-129?

The process of obtaining the H-2A visa involves different stages, each with its own analysis and requirements. Once the employer receives approval of the I-129, the labor petition processed by USCIS, it may seem like the path is clear. However, it is important to understand that the Department of Labor (DOL) conducts a separate certification, which has its own criteria and requirements.

In practice, the DOL analyzes whether the hiring of foreign workers meets the conditions required under the law, such as offering wages that are compatible with the local market, providing adequate benefits, and ensuring that the hiring will not harm U.S. workers. Thus, even if the I-129 is approved, if the DOL identifies that the conditions presented by the employer do not comply with legal requirements – for example, if there is a discrepancy in the wage offer or the terms of the job offer are not properly justified – certification may be denied.

Therefore, it is essential to closely monitor each stage of the process and ensure that all documentation complies with established standards. Respecting immigration laws and seeking information from reliable sources is crucial to avoid problems and misunderstandings throughout the process. It is always worth remembering that there are specialized professionals who can clarify doubts and help keep the process in compliance with U.S. law, thus avoiding scams or promises of guaranteed results by marketing campaigns.

Maintaining a transparent and consistent immigration process is an essential part of achieving goals safely and responsibly. Each stage – from the I-129 to the DOL certification – plays a specific role and, therefore, paying attention to details helps prevent surprises and ensures that all requirements are properly met.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.