Exemption

[immihelp]

I am working with a person who is employed here as a Direct Care Worker, filling out the I-140 form. She came here with her husband who is a professor at the local University and has worked here for over a year.

I am wondering, if because she came with her husband, if she still needs the labor certification. I see a note under “Avoiding Labor Certifications” that says “ Certain aliens are exempted from the labor certification process, i.e., those immigrating on the basis of a family relationship….”

Your anticipated cooperation is appreciated.

[immihelp]

You need to file labor certification for her, because you want to file I-140 for him.



If her husband were able to sponsor her and actually sponsored her greencard, labor certification would not be required.



Just being on non-immigrant visa with primary visa holder does not remove the need to file labor certification.

[immihelp]

Wait a minute, she is the employee, do I have to file on him as well?

[immihelp]

You don't have to file labor/I-140 for him (husband) if he is not an employeee. At the stage of I-485, both the persons can file one I-485 each.

[immihelp]

Do you have any idea what the time frame for this process is?

I haven’t filed for the labor certification yet… and her time is up in August of 09.

[immihelp]

It takes years and years for this process. I recommend you familiar with the employment greencard process at /employment-based-greencard/