employment based greencards dylan sugiyama international employment specialist north carolina office...

Employment Based Employment Based GreencardsGreencards

Dylan SugiyamaDylan SugiyamaInternational Employment SpecialistInternational Employment Specialist

North Carolina Office of State PersonnelNorth Carolina Office of State Personnel

Agenda Agenda

BackgroundBackground Labor CertificationsLabor Certifications Minimum Job RequirementsMinimum Job Requirements Prevailing WagePrevailing Wage PERMPERM

Agenda Agenda Eligibility CategoriesEligibility Categories

Job AdvertisementJob Advertisement

Visa Petitions-Forms I-140 & I-485Visa Petitions-Forms I-140 & I-485

ProcessingProcessing

Background Background

Legal basis for filingLegal basis for filing In order to determine whether or not an In order to determine whether or not an

alien is eligible to be admitted to the alien is eligible to be admitted to the United States as a Permanent Resident, United States as a Permanent Resident, see INA sec. 245 (8 U.S.C. 1255)see INA sec. 245 (8 U.S.C. 1255)

Background Background

What is an Immigrant?What is an Immigrant? A foreign national who has been A foreign national who has been

authorized to live and work authorized to live and work PERMANENTLY in the United States.PERMANENTLY in the United States.

If you are an employer who wishes to If you are an employer who wishes to sponsor a person for permanent sponsor a person for permanent residency, you must go through a multi- residency, you must go through a multi- step processstep process

What is the greencard process?What is the greencard process?1.1. The United States Department of The United States Department of

Citizenship and Immigration Services Citizenship and Immigration Services must approve an immigrant petition that must approve an immigrant petition that was filed for an employee by an was filed for an employee by an employeremployer

2.2. In most cases a U.S. employer must In most cases a U.S. employer must complete a labor certification request complete a labor certification request (form ETA 9089)(form ETA 9089)

What is the greencard process What is the greencard process (cont.)?(cont.)?

The State Department must issue a visa The State Department must issue a visa number. This number is assigned based number. This number is assigned based on the date of the visa application (either on the date of the visa application (either the labor certification or the I-140 if an LC the labor certification or the I-140 if an LC is not required). Numbers are allocated is not required). Numbers are allocated based on country of origin.based on country of origin.

http://travel.state.gov/visa/frvi/bulletin/http://travel.state.gov/visa/frvi/bulletin/bulletin_2757.htmlbulletin_2757.html

Visa bulletinVisa bulletinAll All Charge-Charge-ability ability areas areas except except those those listedlisted

ChinaChina IndiaIndia MexicoMexico PhilippinesPhilippines

EmploymentEmployment--Based Based

11stst CC CC CC CC CC

2nd2nd CC 01APR0401APR04 01APR0401APR04 CC CC

3rd3rd 01MAR0601MAR06 22MAR0322MAR03 01NOV0101NOV01 01JUL0201JUL02 01MAR0601MAR06

LABOR CERTIFICATION LABOR CERTIFICATION Establishes that there are not sufficient Establishes that there are not sufficient

U.S. workers who are able, willing, U.S. workers who are able, willing, qualified and available at the time and qualified and available at the time and place where the alien is to be employedplace where the alien is to be employed

Demonstrates that the alien, if qualified, Demonstrates that the alien, if qualified, will not adversely affect wages or working will not adversely affect wages or working conditions of similarly employed U.S. conditions of similarly employed U.S. workersworkers

LABOR CERTIFICATION LABOR CERTIFICATION

Must be a bona fide job opportunityMust be a bona fide job opportunity

Job must be currently availableJob must be currently available

Open to U.S. workers and permanent Open to U.S. workers and permanent residentsresidents

LABOR CERTIFICATION LABOR CERTIFICATION Job can not be available as a result of a Job can not be available as a result of a

strike or other form of work stoppagestrike or other form of work stoppage

Job title must correspond to one described Job title must correspond to one described in the Dictionary of Occupational Title in the Dictionary of Occupational Title Codes. Codes. http://www.occupationalinfo.org/contents.hhttp://www.occupationalinfo.org/contents.htmltml


Employer may not describe position in Employer may not describe position in unduly restrictive termsunduly restrictive terms

May not impose requirements that are not May not impose requirements that are not a legitimate part of the joba legitimate part of the job

LABOR CERTIFICATION LABOR CERTIFICATION Language requirement can only be used if: Language requirement can only be used if:

The employer can persuasively demonstrate that The employer can persuasively demonstrate that the job can not be performed without the ability the job can not be performed without the ability to speak that particular languageto speak that particular language

The nature of the occupation requires the ability, The nature of the occupation requires the ability, i.e. translatori.e. translator

There is a need to communicate with a large There is a need to communicate with a large majority of the employer’s clients/employeesmajority of the employer’s clients/employees


Employer must demonstrate that it can afford Employer must demonstrate that it can afford to hire the employeeto hire the employee

The financial ability to hire must exist at the time of The financial ability to hire must exist at the time of the filing of the labor certification, not at some the filing of the labor certification, not at some future datefuture date

Ability to pay must continue to exist until the time Ability to pay must continue to exist until the time that the employee actually receives his or her that the employee actually receives his or her greencardgreencard

Processing Processing

Upon the receipt of the application, the DOL Upon the receipt of the application, the DOL will:will:

Verify the existence of the employerVerify the existence of the employer Verify that the employer has employees on Verify that the employer has employees on

payrollpayroll Audit as necessary to maintain program Audit as necessary to maintain program

integrityintegrity

Minimum Job Requirements Minimum Job Requirements

Job requirements must represent Job requirements must represent employer’s actual requirementsemployer’s actual requirements

Employer must not have hired people with Employer must not have hired people with less training or experience for similar jobsless training or experience for similar jobs


If alien is already employed by the If alien is already employed by the petitioner, DOL will only consider petitioner, DOL will only consider experience/training that the alien experience/training that the alien possessed at the original time of hirepossessed at the original time of hire


Alien may have gained some or all of the Alien may have gained some or all of the required experience from the petitioning required experience from the petitioning employer if that experience was acquired employer if that experience was acquired in another, not substantially comparable in another, not substantially comparable positionposition


Substantially Similar - Job requires Substantially Similar - Job requires completion of the same duties more than completion of the same duties more than 50% of the time50% of the time

Job Requirements Job Requirements

Working conditions must be normal to the Working conditions must be normal to the occupation in the area and in the industryoccupation in the area and in the industry

If the job requirements exceed the “normal” If the job requirements exceed the “normal” requirements (as defined by the DOL), then the requirements (as defined by the DOL), then the employer must be able to demonstrate a employer must be able to demonstrate a “business necessity” for those higher “business necessity” for those higher requirements (e.g., degree or experience)requirements (e.g., degree or experience)

Lay Offs Within 6 months of Lay Offs Within 6 months of Greencard Sponsorship Greencard Sponsorship

Employer must: Employer must: Document that it has notified all laid off Document that it has notified all laid off

employees of the open positionemployees of the open position Consider any applicant who has been laid Consider any applicant who has been laid

off from that positionoff from that position Consider any applicant who has been laid Consider any applicant who has been laid

off from a related positionoff from a related position

Lay Offs Within 6 months of Lay Offs Within 6 months of Greencard Sponsorship Greencard Sponsorship

If a US candidate lacks particular skills If a US candidate lacks particular skills that may be acquired within a reasonable that may be acquired within a reasonable period of time, it is unlawful to reject that period of time, it is unlawful to reject that candidatecandidate

Prevailing Wage Prevailing Wage

Prior to filing Labor Certification, the Prior to filing Labor Certification, the employer must request a prevailing wage employer must request a prevailing wage statement from the State Workforce statement from the State Workforce Agency (SWA)Agency (SWA)


Prevailing wage documentation is NOT Prevailing wage documentation is NOT included with the Labor Certification included with the Labor Certification applicationapplication

Must be retained on file for a period of 5 Must be retained on file for a period of 5 years from the date of filing the LC years from the date of filing the LC applicationapplication


Wage offered to alien employee must be Wage offered to alien employee must be 100% of the prevailing wage100% of the prevailing wage

During recruitment period, employer may During recruitment period, employer may not offer less than prevailing wage to U.S. not offer less than prevailing wage to U.S. applicantsapplicants

Program Electronic Review Program Electronic Review Management (PERM)Management (PERM)

New electronic Labor Certification New electronic Labor Certification adjudication system (implemented in adjudication system (implemented in 2005).2005).

Estimated 45-60 days adjudication time Estimated 45-60 days adjudication time versus the previous several months to versus the previous several months to several years under former process.several years under former process.

PERM PERM

Large reduction is processing time is Large reduction is processing time is attributable to:attributable to:

Employers ability to complete application Employers ability to complete application onlineonline

Automated application processingAutomated application processing Elimination of State Workforce Agencies’ Elimination of State Workforce Agencies’

required role in recruitmentrequired role in recruitment

PERM Audits PERM Audits

AuditsAudits Based upon various criteria, some Labor Based upon various criteria, some Labor

Certification Applications will be selected Certification Applications will be selected for auditfor audit

Some applications will be randomly Some applications will be randomly selected for audit, even if they do not meet selected for audit, even if they do not meet the general audit criteriathe general audit criteria


If an application is selected for audit:If an application is selected for audit: Employer will be required to submit Employer will be required to submit

documentation of information stated in the documentation of information stated in the application, including recruitment application, including recruitment documentation.documentation.

Documentation will be reviewed by ETA Documentation will be reviewed by ETA PersonnelPersonnel

If employer does not submit a timely response, If employer does not submit a timely response, the application will be deniedthe application will be denied


Auditor may order supervised recruitment Auditor may order supervised recruitment in order to verify that the employer is in order to verify that the employer is following the mandated recruitment following the mandated recruitment proceduresprocedures

Review of Labor Certification Review of Labor Certification Decisions Decisions

Employers may request a review of:Employers may request a review of: Prevailing wage determination made by Prevailing wage determination made by

the SWAthe SWA Denial or revocation of the labor Denial or revocation of the labor

certificationcertification

Review is conducted by the Board of Alien Review is conducted by the Board of Alien Labor Certification Appeals (BALCA)Labor Certification Appeals (BALCA)

PERM PERM

Requires employers to conduct recruitment Requires employers to conduct recruitment before filing Labor Certificationbefore filing Labor Certification

State Workforce Agencies (SWA) will provide State Workforce Agencies (SWA) will provide prevailing wage determinations to employersprevailing wage determinations to employers

Employers will be required to place a job order Employers will be required to place a job order with the SWAwith the SWA

PERM PERM North Carolina SWANorth Carolina SWA

Employment Security Commission of North CarolinaEmployment Security Commission of North Carolina Attn: Applicant Services UnitAttn: Applicant Services Unit P.O. Box 27625P.O. Box 27625 Raleigh, NC 27611Raleigh, NC 27611 (919) 733-4896(919) 733-4896 (919) 733-3010 FAX(919) 733-3010 FAX FedEx/UPS Deliver to:FedEx/UPS Deliver to: 700 Wade Avenue700 Wade Avenue Raleigh, NC 27605Raleigh, NC 27605

PERM PERM

Job OrderJob Order The NC SWA will inform the employer of The NC SWA will inform the employer of

the proper procedures for filing a the proper procedures for filing a compliant job ordercompliant job order

PERM-Job Advertisement PERM-Job Advertisement

Most employers will be able to identify Most employers will be able to identify newspapers or journals that are most newspapers or journals that are most appropriateappropriate

Employer must be able to document that Employer must be able to document that the chosen journal or newspaper is the chosen journal or newspaper is circulated to the best targeted audiencecirculated to the best targeted audience


GenerallyGenerally Newspaper advertisements must run on Newspaper advertisements must run on

two different Sundays, 30-180 days prior two different Sundays, 30-180 days prior to filing the applicationto filing the application

Journal advertisement must be done Journal advertisement must be done within 30-180 day windowwithin 30-180 day window

PERM-Job Advertisement PERM-Job Advertisement Demonstrate a logical nexus between the Demonstrate a logical nexus between the

advertisement and the position listed on advertisement and the position listed on the employer’s applicationthe employer’s application

Include:Include: Description of vacancy (job title is usually Description of vacancy (job title is usually

sufficient)sufficient) Name of employerName of employer Geographic area of employmentGeographic area of employment Means to contact employerMeans to contact employer


If employer includes job duties in If employer includes job duties in advertisement, description on form ETA advertisement, description on form ETA 9089 must match9089 must match


Employer’s physical address need NOT be Employer’s physical address need NOT be included in advertisement, just the city and included in advertisement, just the city and state.state.

Offered wage need NOT be included in Offered wage need NOT be included in advertisement, but if it does appear, it can advertisement, but if it does appear, it can not be below the prevailing wagenot be below the prevailing wage


Professional Advertising StandardsProfessional Advertising Standards Used if occupation is listed in Appendix A Used if occupation is listed in Appendix A

in the PERM regulations in the PERM regulations

((http://a257.g.akamaitech.net/7/257/2422/0http://a257.g.akamaitech.net/7/257/2422/01apr20051500/edocket.access.gpo.gov/cfr1apr20051500/edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr656.17.pdf_2005/aprqtr/pdf/20cfr656.17.pdf))

Generally, any position requiring at least a Generally, any position requiring at least a bachelor’s degree or equivalent.bachelor’s degree or equivalent.


Professional PositionsProfessional Positions Employer must conduct recruitment within Employer must conduct recruitment within

6 months of filing the application for alien 6 months of filing the application for alien employment certificationemployment certification

Employer must maintain documentation of Employer must maintain documentation of this recruitment, and be prepared to this recruitment, and be prepared to submit it to a certifying officer in the event submit it to a certifying officer in the event of an audit of an audit

PERM-Job AdvertisementPERM-Job AdvertisementProfessional Positions Professional Positions

Mandatory recruitment stepsMandatory recruitment steps Job order-Employer must place a job order with Job order-Employer must place a job order with

the State Workforce Agency serving the area of the State Workforce Agency serving the area of intended employment. Job order must be placed intended employment. Job order must be placed for at least 30 daysfor at least 30 days

Advertisement in newspaper or professional Advertisement in newspaper or professional journalsjournals Two different SundaysTwo different Sundays If no Sunday edition, must use edition with widest If no Sunday edition, must use edition with widest

circulationcirculation


In order to demonstrate that advertisement In order to demonstrate that advertisement met requirements, the employer must:met requirements, the employer must:

Furnish newspaper clippings in which the Furnish newspaper clippings in which the advertisements ranadvertisements ran

In lieu of one Sunday edition, the employer In lieu of one Sunday edition, the employer may place an advertisement in an may place an advertisement in an applicable professional journal, and applicable professional journal, and provide a copy of the page on which the provide a copy of the page on which the advertisement appearedadvertisement appeared


Additional recruitment steps (Employer must select three):Additional recruitment steps (Employer must select three): Job fairsJob fairs Employer’s web siteEmployer’s web site Job search web site other than employer’sJob search web site other than employer’s On-campus recruitingOn-campus recruiting Trade or professional organizationsTrade or professional organizations Private employment firmsPrivate employment firms Employee referral programEmployee referral program Campus placement officeCampus placement office Local/ethnic newspaperLocal/ethnic newspaper Radio/television advertisementsRadio/television advertisements


Recruitment/ Advertisement requirements Recruitment/ Advertisement requirements vary slightly for university professorsvary slightly for university professors

See for details 20 CFR 656.18 See for details 20 CFR 656.18

ProfessorsProfessors

Under special handling rules, a University is not required Under special handling rules, a University is not required to demonstrate that there were no qualified US citizen or to demonstrate that there were no qualified US citizen or permanent resident workers available for the position, permanent resident workers available for the position, but only that the appointee was the best qualified but only that the appointee was the best qualified applicant. The university can usually meet this applicant. The university can usually meet this requirement by presenting the details of the actual requirement by presenting the details of the actual departmental recruitment process that led to the faculty departmental recruitment process that led to the faculty appointment. appointment.

Applications under special handling rules must be filed Applications under special handling rules must be filed with the Department of Labor within eighteen months of with the Department of Labor within eighteen months of the sponsored employee's selection for the position. the sponsored employee's selection for the position.

PERM-Job AdvertisementPERM-Job AdvertisementNon-professional Positions Non-professional Positions

For non-professional positions, employer For non-professional positions, employer must:must:

Place job orderPlace job order Two newspaper advertisements within six Two newspaper advertisements within six

months of filing the applicationmonths of filing the application Must be done at least 30 days, but not Must be done at least 30 days, but not

more than 180 days before applicationmore than 180 days before application

PERM-Job AdvertisementPERM-Job AdvertisementNon-professional Positions Non-professional Positions

NewspaperNewspaper Ad on two separate SundaysAd on two separate Sundays If no Sunday edition, place ad in edition If no Sunday edition, place ad in edition

with largest circulationwith largest circulation Must save “tear sheets” as proof that Must save “tear sheets” as proof that

advertisement ranadvertisement ran

Recruitment Report Recruitment Report Describe the recruitment steps undertaken and Describe the recruitment steps undertaken and

results achievedresults achieved

Number of hires, and number of US workers Number of hires, and number of US workers rejectedrejected

Lawful reasons for rejection of US workersLawful reasons for rejection of US workers

Certifying officer may request rejected workers’ Certifying officer may request rejected workers’ resumes/applications sorted by reasons for resumes/applications sorted by reasons for rejectionrejection

Recruitment Report Recruitment Report

Rejecting US workers for lacking Rejecting US workers for lacking necessary skills is not lawful if that necessary skills is not lawful if that applicant could gain the skills within a applicant could gain the skills within a reasonable period of time on the jobreasonable period of time on the job

Who is eligible?Who is eligible? Aliens with extraordinary ability, Aliens with extraordinary ability,

outstanding professors and researchers, outstanding professors and researchers, and certain multinational executives and and certain multinational executives and managersmanagers

Unskilled LaborUnskilled Labor

Special Immigrants such as religious Special Immigrants such as religious workersworkers

First Preference: Extraordinary First Preference: Extraordinary Ability, Multinational Managers/ Ability, Multinational Managers/

Executives, Outstanding professor Executives, Outstanding professor or researcheror researcher

Professors must have at least 3 years of Professors must have at least 3 years of experience in teaching or research in an experience in teaching or research in an academic area.academic area.

What is an outstanding professor or What is an outstanding professor or researcher?researcher?

Person must be recognized internationally, Person must be recognized internationally, and must submit evidence of at least two and must submit evidence of at least two of the following:of the following:

Receipt of major prizes or awards for Receipt of major prizes or awards for outstanding achievementsoutstanding achievements

Membership in associations which require Membership in associations which require outstanding achievementsoutstanding achievements

What is an outstanding professor or What is an outstanding professor or researcher (cont.)?researcher (cont.)?

Published material in a professional Published material in a professional publication written by others about the publication written by others about the alien’s workalien’s work

Participation as a judge of others’ work in Participation as a judge of others’ work in an allied fieldan allied field

Original contributions to the fieldOriginal contributions to the field Authorship in the academic fieldAuthorship in the academic field

Outstanding professor or Outstanding professor or researcher (cont.)researcher (cont.)

Recognition must be for one of the following Recognition must be for one of the following reasons:reasons:

He or she is in a tenure track position at a He or she is in a tenure track position at a university or institution of higher education university or institution of higher education to teach in that academic areato teach in that academic area

He or she is in a comparable position at a He or she is in a comparable position at a university or institution of higher education university or institution of higher education to conduct researchto conduct research

Outstanding professor or Outstanding professor or researcher (cont.)researcher (cont.)

He or she is in a comparable position to He or she is in a comparable position to conduct research for a private employer conduct research for a private employer that employs at least three persons in a that employs at least three persons in a full time research activities and which full time research activities and which achieved documented accomplishments in achieved documented accomplishments in an academic fieldan academic field

Professors must also…Professors must also…

Possess 3 years of teaching or researchPossess 3 years of teaching or research

Be employed in a tenure track or Be employed in a tenure track or permanent positionpermanent position

What is extraordinary ability?What is extraordinary ability?

Evidence of a one time internationally Evidence of a one time internationally recognized achievementrecognized achievement

What is extraordinary ability What is extraordinary ability (cont.)? (cont.)?

At least three of the following:At least three of the following: Receipt of lesser nationally or Receipt of lesser nationally or

internationally recognized prizes or awards internationally recognized prizes or awards for excellence in the field of endeavorfor excellence in the field of endeavor

Membership in associations in the field Membership in associations in the field which require outstanding achievements which require outstanding achievements as judged by national or international as judged by national or international expertsexperts

What is extraordinary ability What is extraordinary ability (cont.)?(cont.)?

Published material about the alien in Published material about the alien in professional or major trade publicationsprofessional or major trade publications

Participation as a judge of the work of Participation as a judge of the work of othersothers

Authorship of scholarly articles in the field Authorship of scholarly articles in the field Display of the alien’s work at an artistic Display of the alien’s work at an artistic

exhibition or showcaseexhibition or showcase


Evidence must be submitted that Evidence must be submitted that demonstrates that the alien is coming to demonstrates that the alien is coming to the United States to continue work in the the United States to continue work in the area of expertise.area of expertise.


Evidence that the alien has commanded a Evidence that the alien has commanded a high salary or other high remuneration for high salary or other high remuneration for servicesservices

Evidence of commercial successes in the Evidence of commercial successes in the performing artsperforming arts

Second Preference: Workers with Second Preference: Workers with advanced degrees or exceptional advanced degrees or exceptional

ability ability Aliens who are members of the Aliens who are members of the

professions holding advanced degrees or professions holding advanced degrees or their equivalent and aliens who, because their equivalent and aliens who, because of their of their exceptional ability exceptional ability in the in the sciences, arts, or business, will sciences, arts, or business, will substantially substantially benefit benefit the national the national economy, cultural or educational interests economy, cultural or educational interests or welfare of the United States.or welfare of the United States.

Advanced degrees and exceptional Advanced degrees and exceptional abilities…abilities…

Labor certification is a prerequisite, unless Labor certification is a prerequisite, unless a waiver of the requirement is in the a waiver of the requirement is in the national interestnational interest

Advanced degrees and exceptional Advanced degrees and exceptional abilities…abilities…

In addition to a labor certification, applicants must In addition to a labor certification, applicants must possess at least 3 of the following:possess at least 3 of the following:

Proof of degreeProof of degree Proof of at least 10 years of job experience (for Proof of at least 10 years of job experience (for

EA)EA) Any required professional licenseAny required professional license Evidence of exceptional remuneration (for EA)Evidence of exceptional remuneration (for EA) Evidence of exceptional peer recognition (EA)Evidence of exceptional peer recognition (EA)

Third Preference: Professionals, Third Preference: Professionals, skilled workers and other workers skilled workers and other workers

Aliens with at least two years of experience as Aliens with at least two years of experience as skilled workers, professionals with a skilled workers, professionals with a baccalaureate degree, and others with less than baccalaureate degree, and others with less than two years of experiencetwo years of experience

i.e. Unskilled worker who can perform labor for i.e. Unskilled worker who can perform labor for which qualified workers are not available in the which qualified workers are not available in the United StatesUnited States

Professionals…Professionals…

Approved labor certificationApproved labor certification Bachelor’s degree or foreign equivalentBachelor’s degree or foreign equivalent Evidence that bachelor’s degree is Evidence that bachelor’s degree is

required for the positionrequired for the position Proof of employer’s ability to pay the Proof of employer’s ability to pay the

proffered wageproffered wage

Unskilled labor….Unskilled labor….

Approved labor certificationApproved labor certification Evidence that the beneficiary meets the Evidence that the beneficiary meets the

job requirementsjob requirements Proof of the employer’s ability to pay the Proof of the employer’s ability to pay the

proffered wageproffered wage

Fourth Preference: Special Fourth Preference: Special workers/ religious occupations workers/ religious occupations

Aliens who, for at least two years before Aliens who, for at least two years before applying for admission to the United applying for admission to the United States, have been a member of a religious States, have been a member of a religious denomination denomination

Has a nonprofit organization in the U.S.Has a nonprofit organization in the U.S. Will be working in a religious vocation at Will be working in a religious vocation at

the request of the religious organizationthe request of the religious organization

Fifth Preference: Employment Fifth Preference: Employment creation creation

Aliens who establish a business in the Aliens who establish a business in the United States and employ American United States and employ American workers as a resultworkers as a result

Schedule A Schedule A

Lists occupations for which a Lists occupations for which a determination by the DOL has been made determination by the DOL has been made that there are not sufficient U.S. workers that there are not sufficient U.S. workers who are able, willing, qualified and who are able, willing, qualified and availableavailable


Wages and working conditions of Wages and working conditions of American workers will not be adversely American workers will not be adversely affected by the employment of an alienaffected by the employment of an alien


Application for labor certification for Application for labor certification for Schedule A occupation is not filed with a Schedule A occupation is not filed with a Department of Labor processing center, Department of Labor processing center, but in duplicate with a Department of but in duplicate with a Department of Homeland Security OfficeHomeland Security Office


List of Schedule A occupations can be List of Schedule A occupations can be found at:found at:

20 CFR 656.1520 CFR 656.15


Examples of Schedule A occupationsExamples of Schedule A occupations NurseNurse Physical TherapistPhysical Therapist Exceptional ability in the performing artsExceptional ability in the performing arts


If an application under Schedule A is If an application under Schedule A is denied, the employer may not file a Labor denied, the employer may not file a Labor Certification application using the Certification application using the traditional processtraditional process

Employer’s ability to pay Employer’s ability to pay

Annual reportsAnnual reports Federal tax returnsFederal tax returns Audited financial statementsAudited financial statements Agency budget or statement Agency budget or statement

demonstrating that money has been demonstrating that money has been allocated for the vacant positionallocated for the vacant position

Foreign language documents Foreign language documents

Employer mustEmployer must Provide a full English translationProvide a full English translation Translator must certify that he or she is Translator must certify that he or she is

competent to translate the foreign competent to translate the foreign language into Englishlanguage into English

Immigrant Visa Petitions Immigrant Visa Petitions

Use form I-140, and file with the United Use form I-140, and file with the United States Citizenship and Immigration States Citizenship and Immigration ServicesServices

I-140 Application I-140 Application Application that employer must submit in Application that employer must submit in

order to apply for Immigrant workerorder to apply for Immigrant worker

Approved Labor Certification DOES NOT Approved Labor Certification DOES NOT grant the alien permission to workgrant the alien permission to work

Approved Labor Certification must Approved Labor Certification must accompany I-140 petitionaccompany I-140 petition

Greencard Petitions-Required Greencard Petitions-Required FormsForms

I-485, Application to register permanent I-485, Application to register permanent residenceresidence

G-325A, Biographic informationG-325A, Biographic information Approved I-140 or concurrently filed I-140Approved I-140 or concurrently filed I-140 I-693, Medical examination of alienI-693, Medical examination of alien Additional required documentation as Additional required documentation as

noted on formsnoted on forms

I-485 I-485

Petition for greencard (adjustment of Petition for greencard (adjustment of status to that of a permanent resident)status to that of a permanent resident)

Alien may submit I-140 and I-485 Alien may submit I-140 and I-485 simultaneously, but I-140 must be simultaneously, but I-140 must be approved before action will be taken on I-approved before action will be taken on I-485485

QUESTIONS?QUESTIONS?

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