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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?