Frequently Asked Questions On Immigration
Employment-Based Immigration
Q.
Can you explain what an "employment-based case is? You wrote that if a person begins
an employment based case by April 30,2001, he or she can get permanent residence without
living in the United States. Does the person have to be employed legally with a valid
Social Security number? What if the person is working"off the books?"
A. An employment-based case is one in which the applicant qualifies for
permanent residence because he or she has a job skill in short supply, is outstanding or
renowned, or is applying based on an investment. In most employment-based cases, you'd
start by having an employer apply for a certification that no qualified lawful U.S.
workers are available to do your job.
Your employer can sponsor you whether you are here unlawfully and/or you are working off
the books. Even if you aren't yet working for the employer, he or she.can sponsor you as a
prospective employee. If you are here unlawfully, your employer may be concerned about the
"employer sanctions" law that penalizes an employer who knowingly employs a
person not authorized to work. In New York City, filing a labor certification application
doesn't trigger employer sanctions enforcement. Fines for first-time offenders are low.
Some employers, therefore, choose to ignore the sanctions law and apply for unauthorized
workers.
(By Alan Wernick)
 
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