To qualify for permanent resident
status in any sub-category
of this classification, the
alien is required to have
employer sponsorship and Labor
Certification, or documentation
to prove that the alien qualifies
for one of the shortage occupation
the Department of Labor has
identified on a list known
as "Schedule A."
Schedule A occupations include
physical therapists, professional
nurses, physicians or surgeons,
college or university teachers,
aliens of exceptional ability
in the sciences or arts (except
performing arts), certain
religious occupations, and
intra company transferees
in managerial or executive
positions. Certain provisions
of the Immigration Act of
1990 directed the Department
of Labor to conduct a Labor
Market Information Pilot Program
to identify additional occupations
for which there is a shortage
of labor within the United
States. Aliens in those occupations,
then will be able to apply
for permanent resident status
under this classification
must be filed by the employer
on behalf of the alien.
A "skilled worker"
means an alien who, at the
time the petition is submitted,
is qualified and capable of
performing a job that requires
at least two years of training
or experience for which no
U.S. workers are available.
The job must not b of a seasonal
or temporary nature. In some
instances, an alien with less
than two years experience
may be eligible for permanent
resident status under this
classification if relevant
post-secondary education may
be considered as training.
The skilled worker's petition
must be accompanied by evidence
that the alien meets the educational,
training, or experience, and
any other requirements set
forth in the approved Labor
Certification application.
The evidence may be in the
form of letters from trainers,
or previous or current employers.
The letter must contain the
name, address, and title of
the trainer or employers,
and a detailed description
of the training received or
the experience of the alien.
If the alien seeks status
under the provisions of Schedule
A, or under DOL's Labor Information
Pilot Program, a fully executed
uncertified Form ETA-750 must
accompany the I-140 Petition.
A "professional"
means an alien who holds at
least a U.S. baccalaureate
degree or a foreign equivalent
degree, and who is a member
of the professions. The petition
must be accompanied by an
official college or university
record showing the date the
baccalaureate degree was awarded,
and the area of concentration
of study. To show that the
alien is a member of the professions,
the employer must submit evidence
showing that the minimum of
a baccalaureate degree is
required for entry into the
occupation
"Other workers"
are those who, at the time
the petition is filed, are
capable of performing unskilled
labor, or labor that requires
less than two years training
or experience, for which U.S.
workers are not available.
The employment must not be
of a temporary or seasonal
nature. An I-140 petition
for an unskilled worker must
be accompanied by evidence
that the alien meets any educational,
training, or experience requirement
of the approved Labor Certification
application.