No, that is not free market labor. Free market labor is anyone who can get a job offer in an area they are allowed to be in can take the job.
<devilsadvocate>So your definition of a free market is one where the government (who explicitly decides who is allowed to be in the country) gets to decide who can and can't participate in trade?</devilsadvocate>
Don't get me wrong, I think labor is a classic example of where a regulated market is better for everyone overall. But it's still a pretty regulated market.