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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.

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