* PERMANENT RESIDENCY FROM A JOB OFFER *

Foreign nationals who are skilled or educated and who have job offers have the possibility of immigrating to the United States as permanent residents ("green card" holders). The prospective employer must first obtain a labor certification form the Department of Labor (DOL) and approval of a petition from the Immigration and Naturalization Service (INS).

Labor Certification:

An approved labor certification is a document issued by the U.S. Department of Labor (DOL) certifying that:

• An employer needs the foreign worker's skills and abilities.
• The employer has tried to recruit U.S. workers for the position, without success.
• The employer has offered the position at the normal or prevailing wage.
• The prospective foreign employee is qualified for the position.

The Labor Certification Process:

1. Establish a valid employee/employer relationship.

Although the labor certification (LC) process can be done for persons who are outside the U.S., most LCs are begun for persons in the United States who are already working for an American employer.

2. Determine the minimum requirements.

The requirements generally must be normal to the occupation and not more than the worker had when hired into the job offered.

3. Determine the prevailing wage.

The salary offered must be at least the prevailing wage as determined by DOL.

4. Conduct recruitment efforts.

A test of the labor market is usually done through a three-day newspaper advertisement or one advertisement in a national journal or newspaper, and a posting of the job offer on the premises.

5. Analyze responses.

Any responses to the recruitment must be evaluated carefully. The employer can reject applicants only for lawful, job-related reasons.

Labor Certification Approval:

The approved LC is filed with the U.S. Immigration and Naturalization Service (INS) along with other paperwork to determine whether the foreign national qualifies for one of the following categories of sponsorship:

• Members of the Professions with Advanced Degrees or the equivalent or Aliens of Exceptional Ability in the Sciences, Arts of Business (Second Preference).
• Professionals, Skilled Workers (jobs requiring two years or more training or experience) or Unskilled Workers (jobs requiring less than two years training or experience) (Third Preference).

It will take many years to immigrate under the Third Preference Unskilled category and about two to three years for persons classified under the Second and remaining Third Preferences (in most situations). Strategies to avoid the Third Preference Unskilled classification whenever possible are imperative.

Labor Certification Validity:

Generally, an approved LC is valid indefinitely for a specific employer, position or job and location. If any of these factors change, the LC may become a useless document.

Next Step:

An approved LC is proof that there is a shortage of U.S. workers. It is only a first step (albeit biggest) in the permanent residence process to obtain the "Green Card".

• It does not give authorization for a foreign national to remain in the United States.
• It does not "legalize" anyone's stay in the United States.
• It does not grant permission to work.
• It does not guarantee permanent residence.

the next step is for the foreign worker to either adjust status to Lawful Permanent Resident of the United States at the regional INS Service Center if the worker is already in the United States or visa process to Lawful Permanent Resident of the United States at the U.S. Consulate abroad if the worker is outside the United States.

Conclusion

This information has been provided as a broad overview of Labor Certification process. Immigration laws are complex and do change. Therefore, to discuss whether you are eligible to apply for labor certification and permanent residency from a job offer or are eligible under other provisions of the United States immigration laws, contact the LAW OFFICES OF JAMES J. REGAN.

Thank You.