According to the Labor Department:
The standards used in making labor certification determinations under the new system will be substantially the same as those used in arriving at a determination in the former system. The determination will continue to be based on:
- whether there are not sufficient United States workers who are able, willing, qualified and available;
- whether the employment of the alien will have an adverse effect on the wages and working conditions of United States workers similarly employed;
- and whether the employer has met the procedural requirements of the regulations.
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