Employment Based Green Cards

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    Employment BasedEmployment Based

    GreencardsGreencards

    Dylan SugiyamaDylan Sugiyama

    International Employment SpecialistInternational Employment Specialist

    North Carolina Office of State PersonnelNorth Carolina Office of State Personnel

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    Agenda

    Agenda

    BackgroundBackground

    Labor CertificationsLabor CertificationsMinimum Job RequirementsMinimum Job Requirements

    Prevailing WagePrevailing Wage

    PERMPERM

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    BackgroundBackground

    Legal basis for filingLegal basis for filing

    In order to determine whether or not anIn order to determine whether or not analien is eligible to be admitted to thealien is eligible to be admitted to the

    United States as a Permanent Resident,United States as a Permanent Resident,

    see INA sec. 245 (8 U.S.C. 1255)see INA sec. 245 (8 U.S.C. 1255)

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    BackgroundBackgroundWhat is an Immigrant?What is an Immigrant?

    A foreign national who has beenA foreign national who has been

    authorized to live and workauthorized to live and workPERMANENTLY in the United States.PERMANENTLY in the United States.

    If you are an employer who wishes toIf you are an employer who wishes to

    sponsor a person for permanentsponsor a person for permanent

    residency, you must go through a multiresidency, you must go through a multi--

    step processstep process

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    What is the greencard process?What is the greencard process?1.1. The United States Department ofThe United States Department of

    Citizenship and Immigration ServicesCitizenship and Immigration Servicesmust approve an immigrant petition thatmust approve an immigrant petition that

    was filed for an employee by anwas filed for an employee by anemployeremployer

    2.2. In most cases a U.S. employer mustIn most cases a U.S. employer mustcomplete a labor certification requestcomplete a labor certification request(form ETA 9089)(form ETA 9089)

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    Visa bulletinVisa bulletinAllAllChargeCharge--

    abilityability

    areasareas

    exceptexcept

    thosethose

    listedlisted

    ChinaChina IndiaIndia MexicoMexico PhilippinesPhilippines

    EmploymentEmployment--

    BasedBased

    11stst CC CC CC CC CC

    2nd2nd CC 01APR0401APR04 01APR0401APR04 CC CC

    3rd3rd 01MAR0601MAR06 22MAR0322MAR03 01NOV0101NOV01 01JUL0201JUL02 01MAR0601MAR06

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    LA

    BOR CERTIFICA

    TIONLA

    BOR CERTIFICA

    TION Establishes that there are not sufficientEstablishes that there are not sufficient

    U.S. workers who are able, willing,U.S. workers who are able, willing,qualified and available at the time andqualified and available at the time and

    place where the alien is to be employedplace where the alien is to be employed

    Demonstrates that the alien, if qualified,Demonstrates that the alien, if qualified,

    will not adversely affect wages or workingwill not adversely affect wages or workingconditions of similarly employed U.S.conditions of similarly employed U.S.workersworkers

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    LA

    BOR CERTIFICA

    TIONLA

    BOR CERTIFICA

    TION

    Must be a bona fide job opportunityMust be a bona fide job opportunity

    Job must be currently availableJob must be currently available

    Open to U.S. workers and permanentOpen to U.S. workers and permanentresidentsresidents

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    LA

    BOR CERTIFICA

    TIONLA

    BOR CERTIFICA

    TION Job can not be available as a result of aJob can not be available as a result of a

    strike or other form of work stoppagestrike or other form of work stoppage

    Job title must correspond to one describedJob title must correspond to one described

    in the Dictionary of Occupational Titlein the Dictionary of Occupational Title

    Codes.Codes.

    http://www.occupationalinfo.org/contents.hhttp://www.occupationalinfo.org/contents.h

    tmltml

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    LA

    BOR CERTIFICA

    TIONLA

    BOR CERTIFICA

    TION

    Employer may not describe position inEmployer may not describe position in

    unduly restrictive termsunduly restrictive terms

    May not impose requirements that are notMay not impose requirements that are not

    a legitimate part of the joba legitimate part of the job

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    LA

    BOR CERTIFICA

    TIONLA

    BOR CERTIFICA

    TIONLanguage requirement can only be used if:Language requirement can only be used if:

    The employer can persuasively demonstrateThe employer can persuasively demonstrate

    that the job can not be performed without thethat the job can not be performed without theability to speak that particular languageability to speak that particular language

    The nature of the occupation requires the ability,The nature of the occupation requires the ability,i.e. translatori.e. translator

    There is a need to communicate with a largeThere is a need to communicate with a largemajority of the employers clients/employeesmajority of the employers clients/employees

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    LA

    BOR CERTIFICA

    TIONLA

    BOR CERTIFICA

    TION

    Employer must demonstrate that it can affordEmployer must demonstrate that it can afford

    to hire the employeeto hire the employee

    The financial ability to hire must exist at the timeThe financial ability to hire must exist at the timeof the filing of the labor certification, not at someof the filing of the labor certification, not at somefuture datefuture date

    Ability to pay must continue to exist until the timeAbility to pay must continue to exist until the timethat the employee actually receives his or herthat the employee actually receives his or hergreencardgreencard

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    Minimum Job RequirementsMinimum Job Requirements

    Job requirements must representJob requirements must represent

    employers actual requirementsemployers actual requirements

    Employer must not have hired people withEmployer must not have hired people with

    less training or experience for similar jobsless training or experience for similar jobs

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    Minimum Job RequirementsMinimum Job Requirements

    If alien is already employed by theIf alien is already employed by thepetitioner, DOL will only considerpetitioner, DOL will only consider

    experience/training that the alienexperience/training that the alien

    possessed at the original time of hirepossessed at the original time of hire

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    Minimum Job RequirementsMinimum Job Requirements

    Alien may have gained some or all of theAlien may have gained some or all of therequired experience from the petitioningrequired experience from the petitioning

    employer if that experience was acquiredemployer if that experience was acquired

    in another, not substantially comparablein another, not substantially comparable

    positionposition

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    Minimum Job RequirementsMinimum Job Requirements

    Substantially SimilarSubstantially Similar -- Job requiresJob requirescompletion of the same duties more thancompletion of the same duties more than

    50% of the time50% of the time

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    Job RequirementsJob Requirements

    Working conditions must be normal to theWorking conditions must be normal to the

    occupation in the area and in the industryoccupation in the area and in the industry

    If the job requirements exceed the normalIf the job requirements exceed the normal

    requirements (as defined by the DOL), then therequirements (as defined by the DOL), then the

    employer must be able to demonstrate aemployer must be able to demonstrate abusiness necessity for those higherbusiness necessity for those higher

    requirements (e.g., degree or experience)requirements (e.g., degree or experience)

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    Lay Offs Within 6 months ofLay Offs Within 6 months of

    Greencard SponsorshipGreencard SponsorshipEmployer must:Employer must:

    Document that it has notified all laid offDocument that it has notified all laid off

    employees of the open positionemployees of the open position

    Consider any applicant who has been laidConsider any applicant who has been laid

    off from that positionoff from that position

    Consider any applicant who has been laidConsider any applicant who has been laidoff from a related positionoff from a related position

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    Lay Offs Within 6 months ofLay Offs Within 6 months of

    Greencard SponsorshipGreencard Sponsorship

    If a US candidate lacks particular skillsIf a US candidate lacks particular skills

    that may be acquired within a reasonablethat may be acquired within a reasonable

    period of time, it is unlawful to reject thatperiod of time, it is unlawful to reject that

    candidatecandidate

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    Prevailing WagePrevailing Wage

    Prior to filing Labor Certification, thePrior to filing Labor Certification, theemployer must request a prevailing wageemployer must request a prevailing wage

    statement from the State Workforcestatement from the State Workforce

    Agency (SWA)Agency (SWA)

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    Prevailing WagePrevailing Wage

    Prevailing wage documentation is NOTPrevailing wage documentation is NOT

    included with the Labor Certificationincluded with the Labor Certificationapplicationapplication

    Must be retained on file for a period of 5Must be retained on file for a period of 5years from the date of filing the LCyears from the date of filing the LC

    applicationapplication

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    Prevailing WagePrevailing Wage

    Wage offered to alien employee must beWage offered to alien employee must be

    100% of the prevailing wage100% of the prevailing wage

    During recruitment period, employer mayDuring recruitment period, employer may

    not offer less than prevailing wage to U.S.not offer less than prevailing wage to U.S.applicantsapplicants

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    Program Electronic ReviewProgram Electronic Review

    Management (PERM)Management (PERM)

    New electronic Labor CertificationNew electronic Labor Certification

    adjudication system (implemented inadjudication system (implemented in

    2005).2005).

    Estimated 45Estimated 45--60 days adjudication time60 days adjudication time

    versus the previous several months toversus the previous several months to

    several years under former process.several years under former process.

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    PERMPERM

    Large reduction is processing time isLarge reduction is processing time is

    attributable to:attributable to: Employers ability to complete applicationEmployers ability to complete application

    onlineonline

    Automated application processing

    Automated application processing

    Elimination of State Workforce AgenciesElimination of State Workforce Agencies

    required role in recruitmentrequired role in recruitment

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    PERM AuditsPERM Audits

    AuditsAudits

    Based upon various criteria, some LaborBased upon various criteria, some LaborCertification Applications will be selectedCertification Applications will be selected

    for auditfor audit

    Some applications will be randomlySome applications will be randomlyselected for audit, even if they do not meetselected for audit, even if they do not meet

    the general audit criteriathe general audit criteria

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    PERM AuditsPERM Audits

    If an application is selected for audit:If an application is selected for audit:

    Employer will be required to submitEmployer will be required to submit

    documentation of information stated in thedocumentation of information stated in theapplication, including recruitmentapplication, including recruitmentdocumentation.documentation.

    Documentation will be reviewed by ETADocumentation will be reviewed by ETA

    PersonnelPersonnel If employer does not submit a timely response,If employer does not submit a timely response,

    the application will be deniedthe application will be denied

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    PERM AuditsPERM Audits

    Auditor may order supervised recruitmentAuditor may order supervised recruitmentin order to verify that the employer isin order to verify that the employer is

    following the mandated recruitmentfollowing the mandated recruitment

    proceduresprocedures

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    Review of Labor CertificationReview of Labor Certification

    DecisionsDecisions

    Employers may request a review of:Employers may request a review of:

    Prevailing wage determination made byPrevailing wage determination made bythe SWAthe SWA

    Denial or revocation of the laborDenial or revocation of the laborcertificationcertification

    Review is conducted by the Board ofAlienReview is conducted by the Board ofAlienLabor Certification Appeals (BALCA)Labor Certification Appeals (BALCA)

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    PERMPERM

    Requires employers to conduct recruitmentRequires employers to conduct recruitment

    before filing Labor Certificationbefore filing Labor Certification

    State Workforce Agencies (SWA) will provideState Workforce Agencies (SWA) will provide

    prevailing wage determinations to employersprevailing wage determinations to employers

    Employers will be required to place a job orderEmployers will be required to place a job order

    with the SWAwith the SWA

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    PERMPERMNorth Carolina SWANorth Carolina SWA

    Employment Security Commission of North CarolinaEmployment Security Commission of North Carolina

    Attn: Applicant Services UnitAttn: Applicant Services Unit

    P.O. Box 27625P.O. Box 27625

    Raleigh, NC 27611Raleigh, NC 27611

    (919) 733(919) 733--48964896

    (919) 733(919) 733--3010 FAX3010 FAX

    FedEx/UPS Deliver to:FedEx/UPS Deliver to: 700 Wade Avenue700 Wade Avenue

    Raleigh, NC 27605Raleigh, NC 27605

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    PERMPERM

    Job OrderJob Order The NC SWA will inform the employer ofThe NC SWA will inform the employer of

    the proper procedures for filing athe proper procedures for filing a

    compliant job ordercompliant job order

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    PERMPERM--Job AdvertisementJob Advertisement

    Most employers will be able to identifyMost employers will be able to identify

    newspapers or journals that are mostnewspapers or journals that are mostappropriateappropriate

    Employer must be able to document thatEmployer must be able to document thatthe chosen journal or newspaper isthe chosen journal or newspaper is

    circulated to the best targeted audiencecirculated to the best targeted audience

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    PERMPERM--Job AdvertisementJob Advertisement

    GenerallyGenerally

    Newspaper advertisements must run onNewspaper advertisements must run ontwo different Sundays, 30two different Sundays, 30--180 days prior180 days prior

    to filing the applicationto filing the application

    Journal advertisement must be doneJournal advertisement must be done

    within 30within 30--180 day window180 day window

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    PERMPERM--Job AdvertisementJob Advertisement

    If employer includes job duties inIf employer includes job duties inadvertisement, description on form ETAadvertisement, description on form ETA

    9089 must match9089 must match

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    PERMPERM--Job AdvertisementJob Advertisement

    Employers physical address need NOT beEmployers physical address need NOT be

    included in advertisement, just the city andincluded in advertisement, just the city andstate.state.

    Offered wage need NOT be included inOffered wage need NOT be included inadvertisement, but if it does appear, it canadvertisement, but if it does appear, it can

    not be below the prevailing wagenot be below the prevailing wage

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    PERMPERM--Job AdvertisementJob Advertisement

    Professional Advertising StandardsProfessional Advertising Standards

    Used if occupation is listed in Appendix AUsed if occupation is listed in Appendix A

    in the PERM regulationsin the PERM regulations((http://a257.g.akamaitech.net/7/257/2422/01http://a257.g.akamaitech.net/7/257/2422/01

    apr20051500/edocket.access.gpo.gov/cfr_apr20051500/edocket.access.gpo.gov/cfr_

    2005/aprqtr/pdf/20cfr656.17.pdf2005/aprqtr/pdf/20cfr656.17.pdf))

    Generally, any position requiring at least aGenerally, any position requiring at least a

    bachelors degree or equivalent.bachelors degree or equivalent.

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    PERMPERM--Job AdvertisementJob Advertisement

    Professional PositionsProfessional PositionsMandatory recruitment stepsMandatory recruitment steps

    Job orderJob order--Employer must place a job order withEmployer must place a job order withthe State Workforce Agency serving the area ofthe State Workforce Agency serving the area of

    intended employment. Job order must be placedintended employment. Job order must be placedfor at least 30 daysfor at least 30 days

    Advertisement in newspaper or professionalAdvertisement in newspaper or professional

    journalsjournals Two different SundaysTwo different Sundays

    If no Sunday edition, must use edition with widestIf no Sunday edition, must use edition with widestcirculationcirculation

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    PERMPERM--Job AdvertisementJob Advertisement

    Professional PositionsProfessional PositionsIn order to demonstrate that advertisementIn order to demonstrate that advertisement

    met requirements, the employer must:met requirements, the employer must:

    Furnish newspaper clippings in which theFurnish newspaper clippings in which theadvertisements ranadvertisements ran

    In lieu of one Sunday edition, the employerIn lieu of one Sunday edition, the employermay place an advertisement in anmay place an advertisement in anapplicable professional journal, andapplicable professional journal, andprovide a copy of the page on which theprovide a copy of the page on which theadvertisement appearedadvertisement appeared

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    PERMPERM--Job AdvertisementJob Advertisement

    Professional PositionsProfessional PositionsAdditional recruitment steps (Employer must select three):Additional recruitment steps (Employer must select three):

    Job fairsJob fairs

    Employers web siteEmployers web site

    Job search web site other than employersJob search web site other than employers OnOn--campus recruitingcampus recruiting

    Trade or professional organizationsTrade or professional organizations

    Private employment firmsPrivate employment firms

    Employee referral programEmployee referral program Campus placement officeCampus placement office

    Local/ethnic newspaperLocal/ethnic newspaper

    Radio/television advertisementsRadio/television advertisements

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    PERMPERM--Job AdvertisementJob Advertisement

    Professional PositionsProfessional Positions

    Recruitment/ Advertisement requirementsRecruitment/ Advertisement requirements

    vary slightly for university professorsvary slightly for university professors

    See for details 20 CFR 656.18See for details 20 CFR 656.18

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    PERMPERM--Job AdvertisementJob Advertisement

    NonNon--professional Positionsprofessional PositionsFor nonFor non--professional positions, employerprofessional positions, employer

    must:must:

    Place job orderPlace job order

    Two newspaper advertisements within sixTwo newspaper advertisements within six

    months of filing the applicationmonths of filing the application

    Must be done at least 30 days, but notMust be done at least 30 days, but notmore than 180 days before applicationmore than 180 days before application

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    PERMPERM--Job AdvertisementJob Advertisement

    NonNon--professional Positionsprofessional PositionsNewspaperNewspaper

    Ad on two separate SundaysAd on two separate Sundays

    If no Sunday edition, place ad in editionIf no Sunday edition, place ad in edition

    with largest circulationwith largest circulation

    Must save tear sheets as proof thatMust save tear sheets as proof that

    advertisement ranadvertisement ran

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    Recruitment ReportRecruitment Report Describe the recruitment steps undertaken andDescribe the recruitment steps undertaken and

    results achievedresults achieved

    Number of hires, and number of US workersNumber of hires, and number of US workersrejectedrejected

    Lawful reasons for rejection of US workersLawful reasons for rejection of US workers

    Certifying officer may request rejected workersCertifying officer may request rejected workersresumes/applications sorted by reasons forresumes/applications sorted by reasons forrejectionrejection

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    Recruitment ReportRecruitment Report

    Rejecting US workers for lackingRejecting US workers for lackingnecessary skills is not lawful if thatnecessary skills is not lawful if that

    applicant could gain the skills within aapplicant could gain the skills within a

    reasonable period of time on the jobreasonable period of time on the job

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    First Preference: ExtraordinaryFirst Preference: Extraordinary

    Ability, Multinational Managers/Ability, Multinational Managers/

    Executives, Outstanding professorExecutives, Outstanding professor

    or researcheror researcher

    Professors must have at least 3 years ofProfessors must have at least 3 years of

    experience in teaching or research in anexperience in teaching or research in an

    academic area.academic area.

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    What is an outstanding professor orWhat is an outstanding professor or

    researcher?researcher?Person must be recognized internationally,Person must be recognized internationally,

    and must submit evidence of at least twoand must submit evidence of at least two

    of the following:of the following:Receipt of major prizes or awards forReceipt of major prizes or awards for

    outstanding achievementsoutstanding achievements

    Membership in associations which requireMembership in associations which requireoutstanding achievementsoutstanding achievements

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    What is an outstanding professor orWhat is an outstanding professor or

    researcher (cont.)?researcher (cont.)?Published material in a professionalPublished material in a professional

    publication written by others about thepublication written by others about the

    aliens workaliens workParticipation as a judge of others work inParticipation as a judge of others work in

    an allied fieldan allied field

    Original contributions to the fieldOriginal contributions to the field Authorship in the academic fieldAuthorship in the academic field

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    Outstanding professor orOutstanding professor or

    researcher (cont.)researcher (cont.)Recognition must be for one of the followingRecognition must be for one of the following

    reasons:reasons:

    He or she is in a tenure track position at aHe or she is in a tenure track position at auniversity or institution of higher educationuniversity or institution of higher education

    to teach in that academic areato teach in that academic area

    He or she is in a comparable position at aHe or she is in a comparable position at auniversity or institution of higher educationuniversity or institution of higher education

    to conduct researchto conduct research

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    Outstanding professor orOutstanding professor or

    researcher (cont.)researcher (cont.)

    He or she is in a comparable position toHe or she is in a comparable position to

    conduct research for a private employerconduct research for a private employerthat employs at least three persons in athat employs at least three persons in a

    full time research activities and whichfull time research activities and which

    achieved documented accomplishments inachieved documented accomplishments inan academic fieldan academic field

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    Professors must alsoProfessors must also

    Possess 3 years of teaching or researchPossess 3 years of teaching or research

    Be employed in a tenure track orBe employed in a tenure track or

    permanent positionpermanent position

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    What is extraordinary ability?What is extraordinary ability?

    Evidence of a one time internationallyEvidence of a one time internationallyrecognized achievementrecognized achievement

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    What is extraordinary abilityWhat is extraordinary ability

    (cont.)?(cont.)?At least three of the following:At least three of the following:

    Receipt of lesser nationally orReceipt of lesser nationally or

    internationally recognized prizes or awardsinternationally recognized prizes or awardsfor excellence in the field of endeavorfor excellence in the field of endeavor

    Membership in associations in the fieldMembership in associations in the field

    which require outstanding achievementswhich require outstanding achievementsas judged by national or internationalas judged by national or international

    expertsexperts

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    What is extraordinary abilityWhat is extraordinary ability

    (cont.)?(cont.)? Published material about the alien inPublished material about the alien in

    professional or major trade publicationsprofessional or major trade publications

    Participation as a judge of the work ofParticipation as a judge of the work ofothersothers

    Authorship of scholarly articles in the fieldAuthorship of scholarly articles in the field

    Display of the aliens work at an artisticDisplay of the aliens work at an artisticexhibition or showcaseexhibition or showcase

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    What is extraordinary abilityWhat is extraordinary ability

    (cont.)?(cont.)?

    Evidence must be submitted thatEvidence must be submitted that

    demonstrates that the alien is coming todemonstrates that the alien is coming to

    the United States to continue work in thethe United States to continue work in the

    area of expertise.area of expertise.

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    What is extraordinary abilityWhat is extraordinary ability

    (cont.)?(cont.)?

    Evidence that the alien has commanded aEvidence that the alien has commanded a

    high salary or other high remuneration forhigh salary or other high remuneration forservicesservices

    Evidence of commercial successes in theEvidence of commercial successes in theperforming artsperforming arts

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    Second Preference: Workers withSecond Preference: Workers with

    advanced degrees or exceptionaladvanced degrees or exceptional

    abilityability Aliens who are members of theAliens who are members of the

    professions holding advanced degrees orprofessions holding advanced degrees or

    their equivalent and aliens who, becausetheir equivalent and aliens who, becauseof theirof theirexceptional abilityexceptional ability in thein the

    sciences, arts, or business, willsciences, arts, or business, will

    substantiallysubstantially benefitbenefit the nationalthe nationaleconomy, cultural or educational interestseconomy, cultural or educational interests

    or welfare of the United States.or welfare of the United States.

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    Advanced degrees and exceptionalAdvanced degrees and exceptional

    abilitiesabilities

    Labor certification is a prerequisite, unlessLabor certification is a prerequisite, unless

    a waiver of the requirement is in thea waiver of the requirement is in the

    national interestnational interest

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    Advanced degrees and exceptionalAdvanced degrees and exceptional

    abilitiesabilitiesIn addition to a labor certification, applicants mustIn addition to a labor certification, applicants must

    possess at least 3 of the following:possess at least 3 of the following:

    Proof of degreeProof of degree Proof of at least 10 years of job experience (forProof of at least 10 years of job experience (for

    EA)EA)

    Any required professional licenseAny required professional license

    Evidence of exceptional remuneration (for EA)Evidence of exceptional remuneration (for EA)

    Evidence of exceptional peer recognition (EA)Evidence of exceptional peer recognition (EA)

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    Third Preference: Professionals,Third Preference: Professionals,

    skilled workers and other workersskilled workers and other workers

    Aliens with at least two years of experience asAliens with at least two years of experience as

    skilled workers, professionals with askilled workers, professionals with abaccalaureate degree, and others with less thanbaccalaureate degree, and others with less than

    two years of experiencetwo years of experience

    i.e. Unskilled worker who can perform labor fori.e. Unskilled worker who can perform labor forwhich qualified workers are not available in thewhich qualified workers are not available in the

    United StatesUnited States

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    ProfessionalsProfessionals

    Approved labor certificationApproved labor certification

    Bachelors degree or foreign equivalentBachelors degree or foreign equivalent Evidence that bachelors degree isEvidence that bachelors degree is

    required for the positionrequired for the position

    Proof of employers ability to pay theProof of employers ability to pay theproffered wageproffered wage

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    Unskilled labor.Unskilled labor.

    Approved labor certificationApproved labor certification

    Evidence that the beneficiary meets theEvidence that the beneficiary meets thejob requirementsjob requirements

    Proof of the employers ability to pay theProof of the employers ability to pay the

    proffered wageproffered wage

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    Fourth Preference: SpecialFourth Preference: Special

    workers/ religious occupationsworkers/ religious occupations

    Aliens who, for at least two years beforeAliens who, for at least two years before

    applying for admission to the Unitedapplying for admission to the UnitedStates, have been a member of a religiousStates, have been a member of a religious

    denominationdenomination

    Has a nonprofit organization in the U.S.Has a nonprofit organization in the U.S.

    Will be working in a religious vocation atWill be working in a religious vocation at

    the request of the religious organizationthe request of the religious organization

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    Fifth Preference: EmploymentFifth Preference: Employment

    creationcreation

    Aliens who establish a business in the

    Aliens who establish a business in theUnited States and employ AmericanUnited States and employ American

    workers as a resultworkers as a result

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    Schedule ASchedule A

    Lists occupations for which aLists occupations for which adetermination by the DOL has been madedetermination by the DOL has been made

    that there are not sufficient U.S. workersthat there are not sufficient U.S. workers

    who are able, willing, qualified andwho are able, willing, qualified and

    availableavailable

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    Schedule ASchedule A

    Wages and working conditions ofWages and working conditions ofAmerican workers will not be adverselyAmerican workers will not be adversely

    affected by the employment of an alienaffected by the employment of an alien

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    Schedule ASchedule A

    List of ScheduleA

    occupations can beList of ScheduleA

    occupations can befound at:found at:

    20 CFR 656.1520 CFR 656.15

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    Schedule ASchedule A

    Examples of Schedule A occupationsExamples of Schedule A occupations

    NurseNurse Physical TherapistPhysical Therapist

    Exceptional ability in the performing artsExceptional ability in the performing arts

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    Schedule ASchedule A

    If an application under ScheduleA

    isIf an application under ScheduleA

    isdenied, the employer may not file a Labordenied, the employer may not file a Labor

    Certification application using theCertification application using the

    traditional processtraditional process

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    Employers ability to payEmployers ability to pay

    Annual reportsAnnual reports

    Federal tax returnsFederal tax returns Audited financial statementsAudited financial statements

    Agency budget or statementAgency budget or statement

    demonstrating that money has beendemonstrating that money has beenallocated for the vacant positionallocated for the vacant position

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    Foreign language documentsForeign language documents

    Employer mustEmployer must Provide a full English translationProvide a full English translation

    Translator must certify that he or she isTranslator must certify that he or she is

    competent to translate the foreigncompetent to translate the foreignlanguage into Englishlanguage into English

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    Immigrant Visa PetitionsImmigrant Visa Petitions

    Use form IUse form I--140, and file with the United140, and file with the UnitedStates Citizenship and ImmigrationStates Citizenship and Immigration

    ServicesServices

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    II--140 Application140 Application

    Application that employer must submit inApplication that employer must submit in

    order to apply for Immigrant workerorder to apply for Immigrant worker

    Approved Labor Certification DOES NOTApproved Labor Certification DOES NOT

    grant the alien permission to workgrant the alien permission to work

    Approved Labor Certification mustApproved Labor Certification must

    accompany Iaccompany I--140 petition140 petition

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    Greencard PetitionsGreencard Petitions--RequiredRequired

    FormsForms II--485, Application to register permanent485, Application to register permanent

    residenceresidence

    GG--325A, Biographic information325A, Biographic information Approved IApproved I--140 or concurrently filed I140 or concurrently filed I--140140

    II--693, Medical examination of alien693, Medical examination of alien

    Additional required documentation asAdditional required documentation asnoted on formsnoted on forms

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    II--485485

    Petition for greencard (adjustment ofPetition for greencard (adjustment of

    status to that of a permanent resident)status to that of a permanent resident)

    Alien may submit IAlien may submit I--140 and I140 and I--485485

    simultaneously, but Isimultaneously, but I--140 must be140 must be

    approved before action will be taken on Iapproved before action will be taken on I--

    485485

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    QUESTIONS?QUESTIONS?