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May 2005
Newsletter

 

WHO CAN BENEFIT FROM A LABOR CERTIFICATION?

Copyright 2005 - 2009, Law Offices of James A. Bach

bullet U.S. Job – Must have a job or offer for full-time employment in the U.S. The job offer must be in good faith (that is, the immigrant must plan to work in that job for at least several months after getting the green card).
bulletWilling Employer – Employer must be very motivated and able to do all that is required to provide sponsorship, such as place and pay for ads, interview applicants, post notices, keep records, and sign forms.
bulletCompetitive Salary – Employer must also be willing to pay a competitive salary once the employee gets the green card.
bulletSkilled Job – The requirements for the job should include at least two years of training, experience or education (to avoid a very long wait for the unskilled quota).
bulletShortage of Qualified U.S. Workers – There cannot be any qualified U.S. workers who respond to the recruitment ads.

AND THE WORKER MUST BE ONE OF THE FOLLOWING:

bulletIn valid, unexpired nonimmigrant status (such as H-1B or visitor’s status); or
bulletIn the U.S. in F-1 (student) or J-1 (exchange visitor) status (even if out of status or worked without authorization*); or
bulletEntered the U.S., is now out of status, but did not overstay the expiration date on the I-94 or work without authorization for more than 6 months; or
bulletIn Temporary Protected Status (TPS) or eligible for TPS status (for example, those from El Salvador, Nicaragua or Honduras) (even if previously out of status for more than 6 months, worked without authorization, or entered without inspection); or
bulletFiled a valid labor certification application, whether or not approved, denied or withdrawn, before April 30, 2001 (even if previously out of status for more than 6 months, worked without authorization, or entered the U.S. without inspection); or
bulletFiled a valid immigrant visa petition (I-130, I-140, I-360 or I-526), whether or not approved, denied or withdrawn, before April 30, 2001 (even if previously out of status for more than 6 months, worked without authorization, or entered the U.S. without inspection);
bulletSpouse filed a valid labor certification application or immigrant visa petition before April 30, 2001, even though no longer married to that spouse; or
bulletA parent filed a valid labor certification application or immigrant visa petition while under age 21, even though now over 21; or
bulletOutside of the U.S. and never stayed in the U.S. illegally for more than 6 months (except in F-1 or J-1 status); or
bulletApplied for political asylum while still in status, and did not work for more than 6 months without authorization.

* Those in F-1 or J-1 status who worked without authorization for more than 6 months cannot adjust status, but can seek consular processing, and are not subject to INA 212(a)(9) inadmissibility for unlawful presence.

 

 

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