9 Employment-Based Immigrant Preferences: Business Necessity 9 Employment-Based Immigrant Preferences: Business Necessity
9.1. set-up video: labor certification/business necessity
9.2. Congressional Research Service, U.S. Employment-Based Immigration Policy (pp. 1-7)
9.3. INA 203(b)(2), (b)(3); 212(a)(5)
9.4. National Immigration Forum, Explainer: Labor Certification Process
9.5. Immigration Law & Business on business necessity
9.6. O*NET OnLine (including an exercise)
This is the US Department of Labor website setting forth job requirements typical to particular occupations. Using the O*Net, determine what the SVP (Specific Vocational Preparation) is for the job of bookkeeper.
9.7 problems - business necessity 9.7 problems - business necessity
1. Your client owns a furniture restoration service for high-end antiques. She would like to hire an Italian national who has about 20 years’ experience with fine eighteenth and nineteenth century European antiques. The closest job description in the O*Net is for “Furniture Finishers”, which sets 3 months to one year of vocational preparation as typical for the occupation. At that level of experience, there are likely to be qualified and available US applicants for the position. What routes may be available for enabling your client to hire the Italian national?
2. You manage a small immigration law practice. You would like to hire a very capable recent Temple Law grad who you think will bring in a number of Russian clients. The grad, a Russian national, studied here on an F-1 visa and recently passed the Pennsylvania bar. She speaks fluent Russian, of course. On what basis might you be able to bring her on board as an employee? Would it make any difference if you already had a substantial Russian-speaking client base? What if the non-citizen were being hired to serve as the firm's business manager?
9.8 Resources 9.8 Resources
9.8.1. Form I-140
9.8.2. ETA Form 9089
9.8.3. In the Matter of Digital Technology Solutions (Board of Alien Labor Certification Appeals 2019)
What is the issue here, and what test does the Board apply? What specific piece of evidence persuaded the Board to sustain the employer's position?
9.8.4. The Gold Card – The White House
Do you see what the Trump administration has done by way of enabling "Gold Card" LPR status for a payment of $1 million?