Aliens applying for permanent resident status under the Advanced Degree (Non-National Interest Waiver) and Skilled Worker categories must first obtain an approved alien employment certification from the U.S. Department of Labor (DOL). The DOL must certify that, (1 ) based upon the Employer's efforts to recruit resident workers, there is a shortage of qualified, available, able and willing persons for the job opportunity; and (2) that approval of the application will not have an adverse impact on the wages and working conditions of workers who are similarly situated.

To initiate the process, two sets of application forms are submitted to the California State Employment Development Department (EDD) in Sacramento, California. The first is the job offer form which provides detailed information concerning the job opportunity including the job site location; the job title; salary; description of the job duties to be performed; the minimum requirements for the position in terms of education, training and experience; and specialized requirements (i.e., software programming languages, engineering design layout tools, biotechnology processes, etc.). The second form is the Statement of Qualifications which details the alien's education and practical working experience. This form is supplemented by documentation confirming that the alien meets the minimum and specialized requirements of the job opportunity, such as a current resume, degrees, diplomas, transcripts of coursework, reference letters from former Employers, etc.

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