| To qualify for permanent resident
status in any sub-category of this classification,
the alien is required to have employer sponsorship
and Labor Certification, or documentation to prove
that the alien 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, aliens of exceptional ability in the
sciences or arts (except performing arts), certain
religious occupations, and intra company transferees
in managerial or executive positions. Certain
provisions of the Immigration Act of 1990 directed
the Department of Labor to conduct a Labor Market
Information Pilot Program to identify additional
occupations for which there is a shortage of labor
within the United States. Aliens in those occupations,
then will be able to apply for permanent resident
status under this classification must be filed
by the employer on behalf of the alien.
A "skilled worker" means an alien 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 alien 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, or under DOL's Labor
Information Pilot Program, a fully executed uncertified
Form ETA-750 must accompany the I-140 Petition.
A "professional" means an alien 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 petition 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 alien meets any educational,
training, or experience requirement of the approved
Labor Certification application.
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