Even though immigrants are disproportionately likely to start
businesses or be self‐employed,
2 DOL and USCIS
make it all but impossible for immigrant entrepreneurs to establish
companies that can sponsor the entrepreneurs for green cards or
other work visas, a prohibition that hampers job creation and
entrepreneurship. The law requires employers sponsoring most
foreign workers for green cards to first obtain a permanent
labor certification from DOL that finds no qualified U.S. workers
were available for the position.
3 But DOL can pre‐certify
certain jobs as Schedule A occupations if no harm to U.S.
workers would result from them being filled without a rigorous
Even though immigrants are disproportionately likely to start businesses or be self‐employed,
[ii] DOL and USCIS make it all but impossible for immigrant entrepreneurs to establish companies that can sponsor the entrepreneurs for green cards or other work visas, a prohibition that hampers job creation and entrepreneurship. The law requires employers sponsoring most foreign workers for green cards to first obtain a permanent labor certification from DOL that finds no qualified U.S. workers were available for the position.
[iii] But DOL can pre‐certify certain jobs as Schedule A occupations if no harm to U.S. workers would result from them being filled without a rigorous and time‐intensive labor market test.