Question about H1 to 485

yankees

Registered Users (C)
Hello all,

My brother got a job out of college last year and the company converted his student visa to H1 working visa. He asked them if they could apply for his GC and they said that he doesn't have enough working experience for them to file for his GC.

My question is : Is it necessary to have experience for employment based green card?

Thank to all in advance
Any response would be greatly appreciated.
 
Depends on what college degree he has. If he has a master degree, he doesn't need experience (I think).

If he has a bachelor degree, then
yes, he would need experience. I suggest that he stay with his new job for 2 years and then file his gc. I extracted the information from http://www.workpermit.com/us/employer_green_card.htm

see boldfaced items below. Just depends on different category. Talk to a lawyer who can help you. There might be an exemption.


Labor Certification
Before you may obtain a 'Green Card' for a foreign worker who does not qualify for exemption from 'Labor Certification' (as outlined on the preceding pages), that company must demonstrate to the local office of the US Department of Labor that the job is one for which there are not sufficient United States workers who are willing, qualified, and available at the time of application for a visa.

The employer must also demonstrate that the employment of the foreign worker will not adversely affect the wages and/or working conditions of workers in the United States similarly employed.

Labor Certification is a difficult and time-consuming process, but, in itself, it does not permit an alien to start work in the US. It is simply one of several requirements before for the grant of an immigrant visa.

An application for Labor Certification is made using official form ETA 750; this form comes in two parts, Part A, and Part B. Each part must be accompanied by documents as outlined below:

Documentation to be included with ETA 750, Part A
An assessment as to the shortage of qualified US workers. This will usually be shown by advertising the vacancy in a relevant publication to demonstrate a shortage, and by a detailed letter from the employer. If candidates were interviewed for the position, the employer should carefully explain why such candidates were unsuitable for the vacancy.
A full and detailed job description. It is important that the job description covers even minor duties of the candidate.
A description of the minimum requirements for the job. This should cover the absolute minimum requirements to do the job, covering the education, training and experience needed to fill the vacancy. It is important that this is seen to be reasonable, as otherwise Labor Certification will be refused by the Department of Labor.
It would be advisable to obtain a prevailing wage level from the local State Employment Services Agency. This is the minimum salary that must be paid to the candidate. If there are authoritative surveys confirming the prevailing wage or the employer can show this by some other way, this is also likely to be acceptable.
If the employer is not already well known to the Department of Labor it may be advisable to also submit accounts to show that the employer has the ability to pay the candidate.
Company Brochures and Literature. This is not strictly necessary as part of the Labor Certification process but is an excellent way of demonstrating that the respectability and professionalism of the company.

Documents to be included with Form ETA 750, Part B
Certified copies of diplomas and other relevant qualifications.
Transcripts from colleges attended by the employee confirming the relevancy of the subjects taken as part of the course to the new employment in the US. This may be unnecessary if copies of the qualifications are available for the candidate. In certain cases, it may also be useful to obtain an evaluation of the qualifications from an academic or evaluation service.
Letters or affidavits from past employers confirming the work experience of the employee, and describing the duties that the candidate performed.
Awards and membership of any organizations that confirm the qualifications, and professional ability of the candidate.
If relevant, publications about the candidate confirming the candidates particular expertise.
It would be useful to include a resume for the candidate which accurately reflects the experience and qualifications of the candidate.
 
Thank you

Thanks guys.....really appreciate the responses. He did get his bachelors degree

Thanks again
 
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