1. Form I-140 (Immigrant Petition for Alien Worker): This is the primary form that the employer must file.
2. Labor Certification (Form ETA-9089): This form is issued by the U.S. Department of Labor and certifies that there are no qualified U.S. workers available for the job.
3. Job Offer: A permanent, full-time job offer from a U.S. employer.
4. Proof of Ability to Pay: Evidence that the employer can pay the offered wage as of the priority date.
5. Prevailing Wage Determination (Form ETA-9041): This form is obtained from the Department of Labor and shows the wage level for the job.
6. Proof of Education and/or Experience: Depending on the subcategory (skilled worker, professional, or other worker), relevant documents such as diplomas, transcripts, and work experience records.
7. Proof of Qualifications: Documentation that demonstrates the beneficiary’s qualifications for the job, such as resumes, letters of recommendation, and certificates.
8. Proof of U.S. Equivalency: If the education or experience is from a foreign country, evidence that it is equivalent to U.S. standards.
9. Medical Examination Report (Form I-693): This form is required for the beneficiary to undergo a medical examination.
10. Supporting Documents: Any additional documents that support the petition, such as business licenses, financial statements, and evidence of the employer’s legitimacy.

Evidence to Demonstrate Qualifications:

1. Skilled Workers: Must demonstrate at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification. Relevant post-secondary education may be considered as training.
2. Professionals: Must demonstrate possession of a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation.
3. Other Workers: Must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience) that is not of a temporary or seasonal nature.

Additional Considerations:

• Labor Certification: The petition must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089.
• Schedule A: In some cases, the petition may be submitted with an uncertified ETA-9089 for consideration as Schedule A, Group I.
• Premium Processing: Certain petitions may be eligible for premium processing, which expedites the review process.

For further details visit us at www.bhslgroup.com
or
email at info@bhslgroup.com