All About Labor Certification



Green Card holders or Permanent Residents are authorized to work and live permanently in the United States. As you can see, the United States presents green cards to people in different ways and one of them is the employment based. Generally, this means that a person will get a green card based on the fact that such person has a permanent employment in the United States.

As a general rule, My Classified Ads sponsor is needed to apply for employment based green card. This is true wherever a job offer is mandated for sponsoring a green card, and it is for the future job that a certain employee will do after he or she gets the green card. Thus, it is possible for employer to sponsor a green card despite the future employee is not currently working with them. There are various categories where a sponsor is not needed. There are a lot of people who are already living and residing in the United States working for a sponsoring employer with L1 or H1 visas when green card application is being filed.

Who may file?

Obtaining an employment based green card involves a multi-step process. First of all, the sponsor should file a I-140 form to sponsor a certain employee for a green card. Such employer or the sponsor may file the petition under the following:

An outstanding researcher or professor with at least three years of experience in research or teaching in the academic area.

A person who has been working in the area primarily executive or managerial capacity for one year through a legal firm, other legal entity or corporation, and who is willing to work in the United States for similar subsidiary or employer, find out more here!

Individuals with excellent ability in the arts and sciences, or a person having an advanced degree, who will take advantage of the national economy or the US welfare.

Individuals who has various skills to perform the labor in the US where there are no qualified workers for that specific occupation.

An unskilled worker to work on the labor in the US where there are no skilled and qualified workers to work for that occupation.

If the sponsor or the employer is an individual, then the sponsor must personally sign the Form I 140. Together with the petition of the supporting documents that should be sent to the USCIS. One of the primary documents is the Labor Certification. A Labor certification should be obtained prior to filing the form I-140 in order to prove that there are no skilled or qualified workers available or are willing in the US at the place or time of employment of a certain immigrant. If the qualified or skilled workers are available, then it has to be proved that the immigrant's employment occupation will, in no way, affect the wages as well as the working conditions of the US workers. Check out this website at http://money.cnn.com/2017/05/30/news/economy/japan-labor-shortage/index.html for more facts about labor.

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