The labor certification is a time-consuming process which takes up to years in certain scenarios, for it to be approved and certified. However, in limited cases under the immigration laws, an alien may go around the labor certification and file his immigrant worker petition with the Immigration & Naturalization Service (INS).
An immigrant religious worker petition may be filed by or for an alien (who is either abroad or in the United States) immediately with the INS without resorting to the tedious and time consuming labor certification process.
Read more: Immigrant Religious Workers can Obtain Green Cards without Filing for Labor Certifications
The House Subcommittee on Immigration, under the new leadership of Rep. George Gekas (R-PA), has passed a steady stream of pro-immigrant legislation. One of these bills is H.R. 1892, the Family Sponsor Immigration Act of 2001, which passed unanimously on June 26, 2001.
This bill would allow immigrants to use another sponsor on their affidavit of support if their original U.S. Sponsor dies while they are waiting for a green card. This would allow another family member to stand in for the deceased sponsor and sign the affidavit.
The new legislation is correcting a problem that was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). Under that law, an applicant for permanent residency must have the affidavit of support signed by the family member who petitioned for him. If the petitioner dies during the process, the Attorney General can allow an immigrant to go forward with their application for humanitarian or family unification reasons.
Read more: New Developments Under Family Sponsor Immigration Act of 2001