When an employer is seeking to hire a foreign national for a permanent employment position, the employer will file Form I-140. The form is used to petition the foreign national for permanent residency.
Form I-140 is the petition USCIS receives from an employer for the following purposes:
Outstanding Researcher or Professor
Employers looking to hire an outstanding foreign researcher or professor with at least three years of experience must submit proof that the professor or researcher is recognized academically and proof of his or her three years of experience in teaching. The employer must also submit proof of employment offer.
Foreign Manager or Executive
Employers looking to hire a foreign worker who in the past three years has been employed as a manager or executive and who has for at least 1 year worked for a company with a U.S. subsidiary or affiliate must submit proof of the employee’s time with the company and a clear description of his or her duties.
Advanced Degree Professionals
Employers looking to hire a foreign professional holding an advanced degree or with exceptional ability in the science, arts or business must submit a labor certification, evidence of the professional’s U.S. advanced degree or its foreign equivalent, and evidence of exceptional achievements.
Note: A foreign national who holds and advanced degree and has exceptional ability in the sciences, arts or business and is seeking an exemption for the job requirement can file Form I-140 through the National Interest Waiver. The requirement of a job offer and a labor certification can be waived if it is demonstrated that the foreign national’s skills are in the national interest.
Baccalaureate Degree Professional
Employers looking to hire a foreign professional with a baccalaureate degree, must submit a labor certification, proof the professional holds a U.S. baccalaureate degree or its foreign equivalent, and proof the job requires a baccalaureate degree.
Skilled Foreign Worker
Employers looking to hire a skilled foreign worker with two years of specialized training or experience to perform labor with a shortage of qualified American workers, must submit a labor certification and proof that the skilled worker has the education, training or experience requirements.
Unskilled Foreign Worker
Employers looking to hire an unskilled foreign worker with little experience to perform labor with a shortage of available American workers must submit a labor certification and proof that the unskilled worker has the education, training or experience requirements.
A labor certification is necessary in order for an employer to establish that there not enough U.S. workers available or willing for the positions they are looking to fill with foreign workers.