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.