Labor Certification: Six Different Ways and Reasons for Establishing Dissimilarity between Two Employment Positions

In alien employment certification and labor condition attestation, a distinction between two jobs must be established if an alien's previous experience with the same employer is to be used as a qualifying credential in labor certification. Two jobs must also be distinguished when challenging a state wage determination. A successful challenge often requires establishing a dissimilarity between the job offered and those to which it is compared. What makes two jobs different in these circumstances is difficult to determine.

This Article explores the methodology applied by the Department of Labor in distinguishing between jobs in contexts including utilization of an alien's on-the-job training as a qualifying credential in labor certification and in challenging a wage survey.