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WHO CAN BENEFIT FROM A LABOR CERTIFICATION?
Copyright 2005 - 2009, Law Offices of James A. Bach
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U.S. Job – Must have a job or offer for full-time employment in the
U.S. The job offer must be in good faith (that is, the immigrant must plan to
work in that job for at least several months after getting the green card). |
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| Willing Employer –
Employer must be very motivated and able to
do all that is required to provide sponsorship, such as place and pay for ads,
interview applicants, post notices, keep records, and sign forms. |
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| Competitive Salary –
Employer must also be willing to pay a
competitive salary once the employee gets the green card. |
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| Skilled Job – The requirements for the job should include at least
two years of training, experience or education (to avoid a very
long wait for the unskilled quota). |
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| Shortage of Qualified U.S. Workers –
There cannot be any qualified
U.S. workers who respond to the recruitment ads. |
AND THE WORKER MUST BE ONE OF THE FOLLOWING:
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| In valid, unexpired nonimmigrant status (such as H-1B or visitor’s
status); or |
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| In the U.S. in F-1 (student) or J-1 (exchange visitor) status (even if out
of status or worked without authorization*); or |
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| Entered the U.S., is now out of status, but did not overstay the expiration
date on the I-94 or work without authorization for more than 6 months; or |
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| In Temporary Protected Status (TPS) or eligible for TPS status (for
example, those from El Salvador, Nicaragua or Honduras) (even if previously
out of status for more than 6 months, worked without authorization, or entered
without inspection); or |
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| Filed a valid labor certification application, whether or not approved,
denied or withdrawn, before April 30, 2001 (even if previously out of
status for more than 6 months, worked without authorization, or entered the
U.S. without inspection); or |
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| Filed a valid immigrant visa petition (I-130, I-140, I-360 or I-526),
whether or not approved, denied or withdrawn, before April 30, 2001 (even
if previously out of status for more than 6 months, worked without
authorization, or entered the U.S. without inspection); |
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| Spouse filed a valid labor certification application or immigrant visa
petition before April 30, 2001, even though no longer married to that
spouse; or |
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| A parent filed a valid labor certification application or immigrant visa
petition while under age 21, even though now over 21; or |
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| Outside of the U.S. and never stayed in the U.S. illegally for more than 6
months (except in F-1 or J-1 status); or |
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| Applied for political asylum while still in status, and did not work for
more than 6 months without authorization. |
* Those in F-1 or J-1 status who worked without authorization for more
than 6 months cannot adjust status, but can seek consular processing, and
are not subject to INA 212(a)(9) inadmissibility for unlawful presence.
 
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Copyright © 1999-2005 Law Offices of James A. Bach All rights reserved
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