Employment Based Green Cards

Individuals applying for Lawful Permanent Residence (Green Cards) under the Advanced Degree (Non-National Interest Waiver) and Skilled Worker categories must first obtain an approved Alien Employment Certification (AEC) from the U.S. Department of Labor (DOL). The DOL must certify that, (1) based upon the employer’s efforts to recruit resident workers, there is a shortage of qualified and available U.S. workers to fill the position and (2) that approval of the application will not have an adverse impact on the wages and working conditions of workers who are similarly situated.

Employers have the option of filing cases under regular supervised recruitment (non-waiver) or by filing under the Reduction in Recruitment (RIR) procedures set forth by the DOL, through a General Administrative Letter (GAL 1-97).

To initiate the process, two sets of application forms are submitted to the State Employment office. The first is the job offer form which provides detailed information concerning the job opportunity including the location; job title, salary, description of the job duties to be performed, the minimum requirements for the position in terms of education, training and experience. The second form is the Statement of Aliens Qualifications which details the alien's education and practical working experience. This form is supplemented by documentation confirming that the alien meets the minimum and specialized requirements of the job opportunity, such as a current resume, degrees, diplomas, transcripts of coursework and reference letters from former employers.

If an employer wishes to take advantage of "RIR" processing, the employer must show that over a period of six months immediately preceding the filing of the Labor Certification application, that it engaged in a "pattern of recruitment" for the position. A "pattern of recruitment" could be shown through print advertisements, internet job sites, use of headhunters, participation in job fairs and college recruiting.

Certification Approval

If the AEC is granted, the employer will then submit an immigrant visa petition (Form I-140) to the BCIS Service Center, to have the alien classified as an immigrant under the appropriate employment-based category. The visa petition will be accompanied by the approved AEC and supporting documentation verifying that the alien met all of the requirements set forth in the certification at the time that the individual was hired. The regulations require that the employer establish that it has sufficient financial resources to pay the wage (e.g., tax returns, annual reports or audited financial statements). If the petitioner employs at least 100 persons, a statement from the financial officer indicating that the employer has the ability to pay the wage is sufficient.