Under INA 212(a)(5), what type of worker requires a labor certification for immigration?

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Under INA 212(a)(5), a labor certification is required for certain categories of workers who are seeking to enter the United States for employment. This provision primarily applies to occupations where it is essential to demonstrate that there are no qualified U.S. workers available for the position being offered and that hiring a foreign worker will not negatively impact wages and working conditions for U.S. workers.

Healthcare workers who meet U.S. standards require a labor certification to ensure that they are qualified and that their employment will not adversely affect the U.S. labor market. Similarly, teachers with exceptional abilities also require a labor certification as their roles typically demand specialized skills. The labor certification process ensures that these workers hold qualifications equivalent to or surpassing those of available U.S. workers, thus providing a layer of protection for the domestic workforce.

In contrast, laborers without certification generally do not fall into the categories requiring such a certification under this section of the Immigration and Nationality Act. Therefore, the combination of healthcare workers and teachers with exceptional abilities indeed identifies the correct need for a labor certification in the context of this question.

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