Chapter 24
IMMIGRATION: EMPLOYMENT-BASED PERMANENT RESIDENCE FOR ALIEN EMPLOYEES
Summary
- As a general rule, permanent residence sponsorship of alien employees requires employers to obtain labor certification that there are no available U.S. workers for the position offered to the alien employee.
- Alien employees who are aliens of extraordinary ability, outstanding professors or researchers, and multinational managers and executives are exempt from the labor certification requirement.
- Labor certification requirement may be waived in the national interest.
- Requiring experience that the alien has gained on the job and foreign language requirements pose problems in obtaining labor certification.
- Aliens may obtain permanent resident status through adjustment of status in the United States or through United States Consuls abroad.
- Permanent resident aliens must preserve their status to be eligible for naturalization.