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LABOR CERTIFICATION

For those foreign nationals who do not have relatives in the US, obtaining permanent residence by labor certification remains the primary method of immigration.

Labor certification is a prerequisite for filing for lawful permanent residence under most employment sponsorship (other than priority workers).

Workers who obtain labor certification are deemed to be in short supply and are granted lawful permanent residence for the purpose of accepting employment. Certain professionals are not required to obtain a labor certification in order to immigrate.

The Department of Labor also promulgates a list of occupations for which it has determined that no shortage exists. This list is designated "Schedule B" and consists of the following:


SCHEDULE B

Jobs For Which No Shortage Currently Exists

1.         Assemblers

2.         Attendants, Parking Lot

3.         Attendants (Service Workers such as Personal Service Attendants, Amusement and
            Recreation Service Attendants)

4.         Automobile Service Station Attendants

5.         Bartenders

6.         Bookkeepers II

7.         Caretakers

8.         Cashiers

9.         Charworkers and Cleaners

10.       Chauffeurs and Taxicab Drivers

11.      Cleaners, Hotel and Motel

12.      Clerks, General

13.      Clerks, Hotel

14.      Clerks and Checkers, Grocery Stores

15.      Clerk Typists

16.      Cooks, Short Order

17.      Counter and Fountain Workers

18.      Dining Room Attendants

19.      Electric Truck Operators

20.      Elevator Operators

21.      Floorworkers

22.      Groundskeepers

23.      Guards

24.      Helpers, any industry

25.      Hotel Cleaners

26.      Household Domestic Service Workers who lack one year of documented paid experience  in the tasks to be performed (except workers providing primarily health or instructional service)

27.      Housekeepers

28.      Janitors

29.      Key Punch Operators

30.      Kitchen Workers

31.      Laborers, Common

32.      Laborers, Farm

33.      Laborers, Mine

34.      Loopers and Toppers

35.      Material Handlers

36.      Nurses' Aides and Orderlies

37.      Packers, Markers, Bottlers, and Related

38.      Porters

39.      Receptionists

40.      Sailors and Deck Hands

41.      Sales Clerks, General

42.      Sewing Machine Operators and Handstitchers

43.      Stock Room and Warehouse Workers

44.      Streetcar and Bus Conductors

45.      Telephone Operators

46.      Truck Drivers and Tractor Drivers

47.      Typists, Lesser Skilled

48.      Ushers, Recreation and Amusement

49.      Yard Workers

The labor certification process tests the labor market to determine if there is a United States citizen or resident who is willing and qualified to accept the employment. The process is designed to protect American jobs while still making skilled foreign workers available for positions that cannot be filled with domestic workers.

This procedure is supervised and adjudicated by the United States Department of Labor. Some of the basic principles include:

Except in the case of business necessity, the employer may not require more education, training, and/or experience than other employers for similar jobs.


LABOR CERTIFICATION ADVANTAGES

Duration

Lawful permanent residence is permanent in duration, unless abandoned by the resident alien failing to live in the United States or by commission of a qualifying crime.

Reside in U.S.

Permanent residents are allowed to reside in the United States, including any location within any of the fifty states.

Work in U.S.

Permanent residents are allowed to work and freely change employment.

Property Rights

Real estate, businesses, and investments may be purchased, owned, or sold by permanent residents.

Sponsor Relatives

Spouses and unmarried sons and daughters may be sponsored for lawful permanent residence under the second preference visa category.

U.S. Citizenship

After holding lawful permanent residence for five years, the permanent resident may file an application to become a citizen of the United States.

College Tuition Reduced

In many states, lawful permanent residents are considered "residents" for tuition purposes and may qualify for reduced "in state" tuition fees.

Homestead Exemption

In many states, lawful permanent residents are considered "residents" and allowed to claim exemptions on the taxation of their homestead property.

U.S. Taxation

A lawful permanent resident of the United States is considered a "resident" for purposes of United States income taxation. Depending upon the taxation laws of the resident's home country, exiting tax treaties, and the resident's own personal financial circumstance, lawful permanent residence may in some, though not all, circumstances result in lower net taxation.


LABOR CERTIFICATION LIMITATIONS

Processing Time

Current processing time for labor certification varies, depending upon the local, state, and regional office involved. Typically the labor certification process takes at least six to nine months before a decision is rendered.

However, the true time constraint is presented by the waiting time for the quota categories. For professional positions, this time can take from being "current" to eighteen months or longer, depending upon the applicant's country of origin.

Those non-professional workers can anticipate a wait of eighteen months or longer.

Viability of Employment Offer

In order to immigrate within the third or sixth preference, the foreign applicant must enter the U.S. for the purpose of assuming the employment for which the labor certification was issued. This may require the employer to hold open the job offer for a substantial time, depending upon the current waiting times in the visa categories.

Summary

Lawful permanent residence affords the highest level of advantages and the greatest flexibility for foreign nationals who seek to enter and remain in the United States.

Useful Links for the Labor Certification Immigrant

 

 

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