The immigration law and regulations allows an alien who possesses skill in an area of “labor shortage” to obtain permanent residency in the United States . The process of proving that labor shortage and the alien’s qualification to perform the job is called labor certification. Examples of jobs that generally fall into this category are pharmacists, nurses, cooks, mechanics, and foreign-language technical writers. Most jobs are not appropriate for labor certification. However, if you perform a job that has unique features or requirements, it may be suitable for labor certification. We may be able to help you get a Green Card if you possess a labor skill that is in short supply in the U.S. Contact us for more detailed information.
Requirements:
The petition must be in lawful status.
The petitioner must have an approved for I-140.
Other requirements for admissibility may apply.
Process:
A Labor Certification petition must be approved by the Department of Labor of the State where the alien’s employment is to be performed. The Department of Labor ensures that the alien is qualified for the position offered, that the requirement for the position is not overtly restrictive, and that the recruitment effort by the employer is diligent and in good faith.
Some states, including Washington , have devised supervised and unsupervised recruitment for qualified persons who may fill the job vacancy. Some states use reduction in recruitment or RIR whereby if the employer advertises the position in a mass-circulation newspaper for a specified period, the Department would certify the recruitment. Petitions that do not meet RIR Default to regular recruitment process which takes much longer.
Upon certification of the petition by the Department of Labor, the petitioner must file I-140 petition on behalf of the alien with the BCIS. I-140 petition currently takes 9 months or less to be processed. Upon approval of I-140, the alien may apply for adjustment of status (see requirements).
Fee:
The filing fee for I-140 is $190 as of April 30, 2004 . Upon approval of I-140, regular adjustment costs may apply.
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