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Navigating Labor Certifications for I-140 Petitions: A Guide for Employers

Before being able to file an I-140, Immigrant Petition for Alien Workers, USCIS now requires that employers obtain a labor certification from the Department of Labor. Under Schedule A, the DOL has two designated groups of occupations: registered nurses and physical therapists (Group I); and beneficiaries with exceptional ability in the performing arts, or the arts or sciences (Group II).

What is “Art or Science”?

The Department of Labor defines “science or art” as fields for which colleges and universities commonly offer specialized courses leading to a degree in that knowledge or skill.

In many colleges and universities, the “arts and sciences” division represent the core of undergraduate education, offering a broad liberal arts curriculum that provides students with a well-rounded education and critical thinking skills. Many students pursue majors or concentrations within the arts and sciences division, although some institutions also have separate schools or colleges dedicated to specific areas such as engineering, business, education, or health sciences.

Steps Before Applying for EB-2 or EB-3

  1. Employers must obtain a labor certification from the Department of Labor, indicating that workers are able, willing, qualified, and available.
  2. Form I-140, Immigrant Petition for Alien Workers, can be filed with USCIS.
  3. EB-2 or EB-3 can be filed.

Conclusion

Employment-based immigration is a complex process that involves navigating legal requirements, documentation, and sometimes lengthy wait times. Individuals and employers seeking to sponsor foreign workers should carefully review the eligibility criteria and consult with immigration professionals (like those at Berardi Immigration Law) who can provide guidance tailored to your specific circumstances.