I am a community college professor. I have master's degree from abroad (with proof of US equivalency) plus ABD from the US(PhD Dissertation not submitted). My college filed labor certification under 'special recruitment' category. My labor certification is approved. Now I am in need of your kind help in the following questions:
1. What else would the employer need to attach with the I-140 other than the approved labor certificate and my certificates/transcripts (with proof of equivalency). 2. Which category would we need to mark out of the following two, in the I-140 form? a. A member of the professions holding an advanced degree or an alien of exceptionalability (who is NOT seeking a National Interest Waiver). b. A professional (at a minimum, possessing a bachelor's degree or a foreign degreeequivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years ofspecialized training or experience).
Your employer has to file a labor certification or PERM application (also know as ETA 9089) with the Department of Labor. This must be approved before you can file the I-140.
FYI PERM is bit a of pain in the butt.
You could avoid the labor certificaiton if you filed under Extraordinary Ability or Outstanding Professor/Researcher. Since you are still ABD though you probably wont qualify for these catagories.
Go to USCIS website. They have new information on the 1-129 and 1-140 filings. Also information about H-1 caps and limits for professionals. You are a professional not a skilled labourer. Your college should do the work for you. Check the website first - before you file something you don't need. You also may wish to have the college contact their legal department.