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DEPORTATION DEFENSE COLUMN
Becoming an immigrant through a U.S. employer
'A complicated and often convoluted procedure, Labor Certification entails interaction with several administrative agencies: Department of Labor, U.S. Citizenship and Immigration Services, and, often, the Department of State.'
By Nora Milner, Esq.
BRRR! Daniel blew into his gloved hands as his breath chilled in the frosty morning air. He couldn't believe that he could be this cold in New York, particularly since he has lived his entire life in Germany, often at the docks in Hamburg in the winter, frozen stiff sometimes. But, he really didn't mind today. After all, here he was in the "Big Apple," spending his holiday with his American friend, Scott, whom he had met two years ago in Europe .
Today Daniel was going with Scott down to the wharf to see the newest American shipbuilding project, a giant oil tanker. Scott, also a master welder like Daniel, had told him that the company is currently short on experienced welders and is seeking highly-trained welders like Daniel for this three-year project currently underway.
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Daniel is excited because he has spent over 15 years on shipbuilding projects in Germany and has completed extensive training in his field. He hopes he can use his skills to immigrate to America. That's really his dream.
Many technically competent individuals have been able to obtain permanent residency in the U.S. via a bona fide job offer from a U.S. employer who is in need of specific job skills in short supply here. The procedure is called a Labor Certification, by which the U.S. employer may request that an alien enter the labor market to provide certain job skills.
A complicated and often convoluted procedure, Labor Certification entails interaction with several administrative agencies: Department of Labor, U.S. Citizenship and Immigration Services, and, often, the Department of State.
The American employer initiates the procedure by filing an application with the Department of Labor's employment agency in the appropriate area. The employment agency will require the employer to undertake "good faith" recruiting to determine if there are any interested and qualified U.S. workers available.
This recruiting effort, however, under a newly-instituted procedure called "reduction in recruiting," can be initiated prior to filing the application with the employment agency, thus satisfying the testing of the job market in such a manner that the entire process is completed in much less time. Once recruiting is completed and the employment agency is satisfied that the immigrant has the necessary education, training and experience required by the U.S. employer, the case is forwarded to the appropriate Department of Labor for a final decision. If approved, the certification clears the way for the immigrant to complete processing for the visa category with the Immigration Service.
The final step will be either adjustment to permanent residency if the immigrant is legally in the U.S. at the time of eligibility, or overseas processing for residency with a U.S. Embassy or Consulate.
Daniel is excited as he sits down to meet the supervisor in charge of the shipbuilding project. Even though he has only a few weeks left on his visitors visa, he is told to return the next day for more in-depth interviewing as the supervisor is impressed with his extensive education in welding, five years of training and fifteen years of experience working with complicated steel structures on these types of ships.
After several interviews, Daniel is offered a job and the U.S. employer is now ready to contact a qualified immigration attorney to undertake the process. Due to the fact that the attorney must interact with several administrative agencies, all of which have their own set of regulations, it is very important to find an attorney with the experience necessary to successfully guide the employer and the foreign worker through the maze of regulations.
The procedure of labor certification has undergone many changes including new restrictions on the type of labor being sought. Generally, the foreign worker must be able to prove at least two years experience in a field which the Department of Labor defines as requiring at least two years of training necessary to fulfill. This is called an "SVP" and includes the department's compilation of the required amount of education, training and experience to successfully handle the offered job. Normally, the attorney will seek an "SVP" of at least seven for this procedure. However, that is not an easy task because the attorney must make a careful and appropriate match of the worker's qualifications to the offered job.
Fortunately for Daniel, he has the required qualifications and the U.S. employer is now working to obtain his entrance to the United States as a permanent resident. Even though future winters will still be cold and Daniel will shiver in the frosty New York morning air, he'll drink a strong cup of American coffee and smile up at Lady Liberty as he works, happy to have taken his place as a lawful permanent resident, contributing to the U.S. economy.
Readers may get in touch with columnist Nora Milner at Milner & Markee, LLP, 16780 W. Bernardo Dr. #320, The Bluffs, San Diego, CA 92127; tel. (858) 451-6269.
NORA MILNER received her Juris Doctor degree from the University of Denver, College of Law in 1976. After serving in the Navy's Judge Advocate General (JAG) Corps, she entered private practice in 1980. In 1986, Milner focused her practice on Immigration and Nationality Law in San Diego, California and has been a practicing immigration lawyer for more than 20 years. She is an active member, lecturer, board member and past chapter chairwoman of the American Immigration Lawyers Association, and has served as a professor at two local law schools. She is a certified specialist in Immigration and Nationality Law. She is licensed in the states of California, Colorado and Iowa, and is admitted to practice before the United States Supreme Court.
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