As of today, DOL only accepts electronic filings of Form ETA 9141, Application for Prevailing Wage Determination, through the new Foreign Labor Application Gateway (FLAG) System. Furthermore, beginning Thursday, June 13, 2019, H‑2B applications will be accepted via FLAG, and on July 3, 2019, all H‑2B applications must be sumbmitted via FLAG
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Question: I have lots of years of experience and lots of publications and awards. However, I don’t have an employer to sponsor me. Is there any other option?
Answer: There might be. EB1-A or EB1-EA is a subgroup of first preference employment-based immigration (EB-1). This immigration preference category is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. According to federal immigration law, such persons are not required to have a prospective employer (unlike EB1-B and EB1-C, and other preference categories), but they must be entering to continue to work in their chosen field, and they must substantially benefit prospectively in the U.S. In addition, the petitioner has to show that the foreign person sustained national or international acclaim with recognized achievements. This is the requirement that is most difficult to prove.
Question: What is needed to prove this particular petition?
Answer: While it is not easy, there are a specified list of items upon which we can try to put the supporting evidence.
Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. Membership in an association that requires outstanding achievement as a condition of membership in the field for which the classification is sought. Published material about the foreign person or his or her work in professional, trade journals, or major media publications. (These items must include title, date, author, and must be translated into English)
The foreign person’s participation, on a panel or individually, as a judge of the work of others in the same or a related field. Evidence of original contributions, usually through publication, of major significance in the foreign national’s fields of science, scholastic, artistic, or athletic
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Question: Hello. I have no family in the U.S., but would very much like to immigrate to the U.S. I am educated. Is there any other way?
Answer: Yes, you can be petitioned through employment through what is known as the PERM. There are 3 major steps to obtaining a Green Card through Employer Sponsorship: 1) Labor Certification through the PERM process. 2) I-140 Immigrant Petition for Alien Worker and 3) I-485 Application to Register Permanent Residence.
Question: What are the typical PERM processing times?
Answer: Un-Audited cases take around 2-3 months from filing to certification and audited Cases: 8 months from filing to certification.
Question: Can you give a general overview of the PERM process?
Answer: PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment. To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position. The employer must be prepared to hire the foreign worker on a full-time and permanent basis. There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker’s qualifications. In other words, the employer must establish that the job opportunity has been described without the use of unduly restrictive job requirements, unless it can demonstrate that they arise out of business necessity. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
Question: Must the employer pay a certain amount for the position?
Filed under: best deportation attorney | Tagged: employment petition, Labor Certification, PERM, permanent residency | Leave a comment »
BALCA overturned the Certifying Officer’s denial of the labor certification, finding that the regulations that control placement of Sunday ads versus local and ethnic ads differ, and that the employer was not required to place the local ad in the newspaper “most likely to bring responses.”
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BALCA upheld the Certifying Officer’s denial, holding that advertisements posted at a college preparatory school constituted in-house advertisement and not on-campus recruitment at a college or university, and thus did not satisfy the professional pre-filing recruitment requirements of 20 CFR §656.17(e)(1)(ii)(A)–(J).
Filed under: Immigration Attorney | Tagged: advertising, on-campus recruiting, PERM, recruitment | Leave a comment »
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