An employer who wishes to have an alien work permanently in the U.S. may sponsor that individual in one of the employment visa categories. The old third and sixth reference categories were eliminated by the Immigration Act of 1990. The first three employment categories generally follow a hierarchy. Category one is for priority workers: aliens with extraordinary ability, outstanding professors and re searchers, and certain multinational
Executives and managers. Aliens here may be self-employed and sponsorship by an employer is not required.
Category two is for professionals holding advanced degrees (i.e., Masters) or the equivalent, and for aliens with exceptional ability in the sciences, arts, or business. Category three is for skilled workers (I.e, two or more years of experience), professionals and unskilled workers. The unskilled worker category is a catchall for persons who do not fit into one of the other categories.
In most of these categories, the employer will have to obtain a “labor confiscation” from the Department of Labor before applying to the INS. The employer will advertise the position, interview applicants, and state, if possible, that he or she was unable to find qualified U.S. Workers to fill the position. If the employer’s labor certification application is approved, the ap proved application is submitted to the INS as part of the petition to classify the alien worker in one of the categories outlined above. A significant concern at that stage, especially for small employers is the ability to pay the wage shown in the labor Confiscation application. The employers corporate tax return or income statement is often used to show a sufficient income to pay the wage offered.
Article extracted from this publication >> November 29, 1991
