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.
