Mark A Ivener, A Law Corporation

Skilled Workers, Professional and other Workers

To qualify for permanent resident status in any sub-category of this classification, the foreign national is required to have employer sponsorship and Labor Certification, or documentation to prove that the foreign national qualifies for one of the shortage occupation the Department of Labor has identified on a list known as “Schedule A”.

Schedule A occupations include physical therapists, professional nurses, physicians or surgeons, college or university teachers, foreign nationals of exceptional ability in the sciences or arts (except performing arts), certain religious occupations, and intracompany transferees in managerial or executive positions.

A “skilled worker” means an foreign national who, at the time the petition is submitted, is qualified and capable of performing a job that requires at least two years of training or experience for which no U.S. workers are available. The job must not b of a seasonal or temporary nature. In some instances, an alien with less than two years experience may be eligible for permanent resident status under this classification if relevant post-secondary education may be considered as training.

The skilled worker’s petition must be accompanied by evidence that the foreign national meets the educational, training, or experience, and any other requirements set forth in the approved Labor Certification application. The evidence may be in the form of letters from trainers, or previous or current employers. The letter must contain the name, address, and title of the trainer or employers, and a detailed description of the training received or the experience of the alien. If the alien seeks status under the provisions of Schedule A, a fully executed uncertified Form ETA-750 must accompany the I-140 Petition.

A “professional” means a foreign national who holds at least a U.S. baccalaureate degree or a foreign equivalent degree, and who is a member of the professions. The petition must be accompanied by an official college or university record showing the date the baccalaureate degree was awarded, and the area of concentration of study. To show that the alien is a member of the professions, the employer must submit evidence showing that the minimum of a baccalaureate degree is required for entry into the occupation.

Other workers” are those who, at the time the petitions is filed, are capable of performing unskilled labor, or labor that requires less than two years training or experience, for which U.S. workers are not available. The employment must not be of a temporary or seasonal nature. An I-140 petition for an unskilled worker must be accompanied by evidence that the foreign national meets any educational, training, or experience requirement of the approved Labor Certification application.