Question: I entered the U.S. in 1992. Since then, I have been working illegally. My employer wants to assist me get a Green Card so that I can legally work for him and he can put me on the company's payroll. I do not have a driving license and a social security card. How can I get a Green Card?

Answer: One of the fastest and best ways to obtain a Green Card is through a petition by a prospective employer through Labor Certification. The alien employee is the principal beneficiary of this petition, and alien's spouse and children under 21 years will be able to get a Green Card at the same time with the employee as derivative beneficiaries.

There are two necessary requirements to the Labor Certification process. First, the prospective employee must be a skilled worker with at least 2 years experience at a particular occupation.

Secondly, the prospective employer must be able to demonstrate to the INS that he can afford to pay to the alien employee the "prevailing wage" for the alien's job position. However, the employer need not be a large company. Even a small company, a sole proprietorship, can petition an employee.

The employer need not be a U.S company. However, it must have a branch, office, or an affiliate in the U.S. which is qualified to do business in the U.S. It is not important how long the sponsoring employer has been in business. New and established companies alike can be qualified sponsors as long as they show the ability to pay the alien's salary. Moreover, the sponsoring employer can sponsors more than one employee at the same time as long as he can show the ability to pay salary for the employees.

The employer must pay the alien the "prevailing wage" for the job position. "Prevailing wage" is the average wage paid by employers for a particular job position in the area of intended employment. The employer must be willing to pay the alien a wage within 5% of the prevailing wage.

The job must be a full time and permanent position. It must be performed inside the U.S. and the employee will be paid out of the U.S. payroll.

The employer need not be in the same state where the alien lives at the moment. The employee does not have to immediately work for the sponsoring employer, but must do so once the Labor Certification is approved, which takes approximately 18 to 24 months.

Some examples of qualified employer: Hotels and Restaurant (particularly for cooks), Publishing and Printing Companies; Accounting and Marketing Firms; Schools and Day Care Centers; Auto & Body Repair Shops; Hospitals, Medical & Dental Clinics, Hair & Beauty Salons; Radio & TV Stations; Computer Companies.

Some examples of employees: Accountants, Cooks for Speciality foreign food, Medical Technologist, Electronic and Communication Engineers, and Computer Programmers.