Employment-Based
Permanent Residency
Employers who seek to have permanent resident status for
nonimmigrants must first apply to Iowa Workforce Development.
Resident Alien Cards
Employment based immigration benefits that last longer than 365 days are called Resident Alien cards. Employers wishing to sponsor a foreign national for an extended period of time will first submit US Department of Labor form ETA 750 parts A&B in triplicate back to front with original signatures. Part A, Offer of Employment is to be completed by the employer or an authorized attorney or agent and signed by the employer. A common error in item 1 of Part A and Part B is not having the Family name in capital letters before the first name. Part B is to completed by the foreign national or an authorized attorney or agent and signed by the alien. This is a requirement of the Labor Department Regional office in Chicago and the
Immigration and Citizenship Service.
Employers other than Colleges or Universities have three options for processing Permanent Employment Certification with a State Workforce Administration (SWA).
First, Regular Cases processing is for employers who have not recruited for the job title for which certification is sought. Once the employer submits the ETA 750 A&B, Iowa Workforce Development will submit advertising instructions, posting requirements, information on the recruitment process, and required documentation.
Reduction in Recruitment (RIR) is a process
where employers have a demonstrable pattern of recruitment that includes at least one print ad within the last six months. Other acceptable forms of recruitment include, attending a college career fair, using a private or public job placement organization, trade publications or Internet
site. The job offer must be bonafide, specific to the job title in which certification is sought, at or above 95% of the Prevailing Wage Rate, and free of tailored or unduly restrictive job requirements. For more detailed requirement of the RIR process please review General Administrative Letter 1-97 in the Federal Register Vol.64, No.85.
The final submission is called Limited Review. All of the steps outlined in the Regular Case Process are followed but the SWA makes a recommendation to the US Department of Labor that based on the recruitment results and local labor market conditions that the application be certified as there is a lack of qualified US workers at the time of processing. The Limited Review Process is faster at the Regional level with respects to processing times. It also requires less expense to the employer as it requires only one form of advertising as oppose to a demonstrable pattern required for RIR.
Iowa Colleges and Universities submit Permanent Employment Certification application using a process called Special Handling. ETA form 750 part A & B are submitted to Iowa Workforce Development and must include the final report of the selection committee, lawful related reasons why the alien is more qualified than each U.S. worker, that the alien was selected pursuant to competitive recruitment and selection process, and evidence that at least two or more recruitment processes were used. Special Handling must be filed within 18 months after selection is made pursuant to a competitive selection and recruitment process.
Certified Permanent Labor Certifications allow the employer to then continue the process by submitting CIS form I-140 and upon approval I-485. Employers are encouraged to check the CIS web sight or legal counsel for the appropriate filing fees for these forms and processing center
location(s).
Alien Labor
Certification Home Page
Iowa Workforce Center Administration
Home Page
Iowa
Workforce Development Home Page