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.
