Labor certification not shown to be impractical

What this objection usually means

One factor is whether it is impractical to obtain a labor certification given the person's qualifications or endeavor, for example self-employment or work across many institutions.

What has tended to answer it

Explain concretely why an employer-sponsored labor certification does not fit the endeavor, and what would be lost by waiting for it.

General patterns drawn from past decisions, not legal advice for your case. Ask a licensed immigration attorney how this applies to you.

The rule

“Whether, in light of the nature of the person’s qualifications or proposed endeavor, it would be impractical to obtain a labor certification;”

USCIS Policy Manual, Vol. 6, Pt. F, Ch. 5(D)(3) (third prong)

Quoted from the USCIS Policy Manual current as of Sept 23, 2026. Check the online manual before filing.

Where it sank the appeal

Recent dismissed appeals raising this objection

• Dismissed2026-07-08Computing, AI & data

  Also, the self-petitioner has not shown that it would be impractical either for him to secure a job offer or to obtain a labor certification.

  Read decision JUL082026_05B5203
• Dismissed2026-06-04Education

  As noted above, in determining whether the Petitioner warrants a discretionary national interest waiver, we apply the Dhanasar framework and its requisite three prongs, any one of which is dispositive. 2 Because the Petitioner has not addressed with specificity USCIS' determination that he does not qualify for a national interest waiver under the third prong, and in particular the impracticality of the labor certification process, we deem the issue to be waived.

  Read decision JUN042026_03B5203
• Dismissed2026-05-14Engineering

  Additionally, SCOPS determined that the Petitioner did not demonstrate national interest factors such as the impracticality of a labor certification, the benefit of his prospective contributions to the United States, an urgent national interest in his contributions, the potential creation ofjobs, or that his self-employment does not adversely affect U.S. workers.

  Read decision MAY142026_02B5203
• Dismissed2026-05-14Computing, AI & data

  It does not meaningfully address or contest SCOPS' specific findings that the Petitioner did not establish that, on balance, waiving the job offer requirement would benefit the United States under the third prong. 2 In its denial, SCOPS specifically noted that it considered factors including the impracticality of obtaining a labor certification; the benefit to the United States from the beneficiary's prospective contributions, even if other U.S. workers are also available; whether the national interest in the individual's contributions is sufficiently urgent; evidence that the beneficiary's en…

  Read decision MAY142026_03B5203
• Dismissed2026-04-22Computing, AI & data

  The record does not contain sufficient evidence of factors like the impracticality of a labor certification, the benefit to the U.S. of a petitioner's contributions, the urgency of a petitioner's contributions to the national interest, the capacity for job creation, and any adverse effects on U.S. workers.

  Read decision APR222026_03B5203
• Dismissed2026-02-10Energy, environment & agriculture

  SCOPS also determined that the Petitioner did not demonstrate national interest factors such as the impracticality of a labor certification, the benefit of her prospective contributions to the United States, an urgent national interest in her contributions, the potential creation ofjobs, or that her self-employment does not adversely affect U.S. workers.

  Read decision FEB102026_03B5203

Where the petitioner still won or got a remand

Sustained or remanded decisions where this issue was discussed: read them to see what answered it

• Remanded2026-06-04Engineering

  In denying the petition, USCIS concluded the Petitioner had not shown that it would be impractical for an employer to obtain a labor certification and that he presents benefits to the United States through his proposed endeavor that outweigh those inherent in the labor certification process.

  Read decision JUN042026_01B5203
• Remanded2026-05-15Computing, AI & data

  Lastly, in analyzing the third prong and whether, on balance, it would be beneficial to the United States to waive the requirements ofa job offer, and thus ofa labor certification, USCIS considers, and SCOPS should consider, factors including the impracticality of obtaining a labor certification; the benefit to the United States from the individual's prospective contributions, even if other U.S. workers are also available; whether the national interest in the individual's contributions is sufficiently urgent; evidence that the individual's endeavor may lead to potential creation ofjobs; and ev…

  Read decision MAY152026_01B5203
• Sustained2025-07-02Engineering

  In response, the Petitioner asserts that the fact that he currently holds this research position is irrelevant to whether it would be impractical for him to obtain a labor certification, but provides no explanation of why that process would be impractical in his case.

  Read decision JUL022025_02B5203
• Remanded2025-06-10Engineering

  SCOPS did not cite to any law or policy or further explain how the impracticality of a labor certification is relevant to whether the Petitioner is well-positioned to advance his proposed endeavor.

  Read decision JUN102025_05B5203
• Sustained2023-11-16Clinical & health

  The Director determined that the Petitioner did not demonstrate that it would be impractical for an employer to secure a job offer or to obtain a labor certification, nor, he determined, did the evidence demonstrate an urgency in the Beneficiary's contributions sufficient to warrant forgoing the labor certification process.

  Read decision NOV162023_05B5203
• Remanded2023-05-25Business & finance

  On appeal, the Petitioner emphasizes that the Director, in concluding that it would not be impractical for an employer to obtain a labor certification and that the Petitioner had not shown that his endeavor may lead to potential creation of jobs, overlooked his consistent claim that his endeavor will involve establishing his own business (thus making him ineligible for a labor certification) and creating jobs for U.S. workers.

  Read decision MAY252023_05B5203