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7 Secrets to Win a Green Card Through PERM Labor Certification

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7 Secrets You Must Know To Win A
       Green Card Through
    PERM Labor Certification
Ask Questions at Any Time

 Go to your Question and Answer panel
  at the bottom of the page.
 Type and send your questi...
Ann Massey Badmus

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7 Secrets to Win a Green Card Through PERM Labor Certification

  1. 1. 7 Secrets You Must Know To Win A Green Card Through PERM Labor Certification
  2. 2. Ask Questions at Any Time  Go to your Question and Answer panel at the bottom of the page.  Type and send your question.  We will answer questions during the Q&A session at the end of the presentation.
  3. 3. Ann Massey Badmus
  4. 4. Angela M. Lopez
  5. 5. PERM Labor Certification Process Speaker: Ann Massey Badmus
  6. 6. PERM LABOR CERTIFICATION PERM = PROGRAM ELECTRONIC REVIEW MANAGEMENT U.S. Department of Labor Step 1 of the Green Card process
  7. 7. WHO NEEDS LABOR CERTIFICATION? All foreign national workers who are employer-sponsored for a Green Card must undergo labor certification except:  EB-1 Multinational Executive/Manager, Outstanding Researcher, Extraordinary Ability Worker  EB-2 National Interest Waiver Worker  EB-4 Special Immigrant Worker
  8. 8. Employment -Based (EB) Categories for PERM EB-2 Advanced EB-3 Degree Professional Professional Worker EB-3 Skilled EB-3 Unskilled Worker Worker
  9. 9. Choose the Right Immigrant Visa Category Master’s degree or bachelor’s degree plus five years progressive experience is required for the position Employee possesses required degree (or foreign equivalent) and any required experience EB-2 Advanced Degree Professional Experience equivalency ≠degree requirement
  10. 10. Choose the Right Immigrant Visa Category Bachelor’s degree (Professional) or two years EB-3 postsecondary education or Professional experience (Skilled Worker) required by position EB-3 Employee possesses Skilled Worker required degree (or foreign equivalent), education, or experience
  11. 11. VISA BULLETIN – November 2012 All Chargeability China- Employment-Based Areas Except Mainland India Mexico Philippines Those Listed Born 1st Current Current Current Current Current 2nd Current 09/01/07 09/01/04 Current Current 3rd 11/22/06 04/15/06 10/22/02 11/22/06 08/08/06 Other Workers 11/22/06 07/01/03 10/22/02 11/22/06 08/08/06 4th Current Current Current Current Current Certain Religious Current Current Current Current Current Workers Iraqi & Afghani Current Current Current Current Current Translators 5th Current Current Current Current Current Targeted Employment Current Current Current Current Current Areas/Regional Centers Priority Date = Date of PERM filing
  12. 12. Job Qualifying Criteria No unduly restrictive job requirements Must meet May not be unless customary tailored to foreign adequately requirements for workers documented as the occupation qualifications business necessity, e.g. foreign language requirement
  13. 13. Regular PERM Processing All full-time workers other than university teachers Conduct recruitment within 180 days of application to determine whether minimally qualified U.S. workers, i.e. U.S. citizens or permanent residents, are available Must pay prevailing wage or higher once foreign worker obtains permanent residence
  14. 14. Regular PERM Processing (cont.) Prevailing wage determination $ Job order with State Workforce Agency (SWA) for 30 days Two Sunday newspaper ads For professionals, 3 additional ads Notice of Filing or Job Availability posted for 10 business days Recruitment Report
  15. 15. Determine the Prevailing Wage Early Establish job description, including educational and experience requirements Check OES wage survey http://www.flcdatacenter.com Locate alternate wage surveys, if OES wage too high Submit ETA9141 as soon as possible and before advertising if wage is an issue
  16. 16. Advertisement and Recruitment Ads must identify Ads must describe employer accurately the job opportunity and direct sufficiently to responses to apprise applicants employer Wage is not required Ads must contain in ads, but must the geographic equal or exceed location of the job, prevailing wage if e.g. Dallas, Texas included
  17. 17. Record Recruitment Responses and Act Immediately Review and Timely contact Document evaluate with applicants, applicant contacts e.g. 7 -14 days of resumes upon or attempts to receipt of receipt contact resumes
  18. 18. Record Recruitment Responses and Act Immediately (cont.) Analyze Provide qualifications of applicants objective and against minimum quantifiable requirements (not reasons for most qualified) rejections Screen and interview based upon normal company process
  19. 19. Recruitment Recordkeeping Employers must maintain documentation of recruitment efforts for five (5) years from filing of labor certification Employers must prepare a detailed recruitment report that describes recruitment efforts Recruitment report must include number of applicants and reason for rejection of each applicant
  20. 20. Optional Special Recruitment PERM Labor Certification  For college/university teaching position where classroom teaching is involved  Labor certification application must be filed within 18 months from date of job offer letter  Single advertisement in national print journal or 30 days electronic advertisement
  21. 21. Optional Special Recruitment PERM Labor Certification (cont.) Salary must meet or exceed prevailing wage “Most qualified” standard of selection Selection committee must document that foreign national is more qualified than US applicants
  22. 22. Prepare for a DOL Audit Audit File must contain: ◦ Recruitment log ◦ Recruitment report ◦ Prevailing wage determination ◦ Notice of Filing, advertisements, job order ◦ Documentation of business necessity for special requirements, e.g. foreign language
  23. 23. Prepare for a DOL Audit (cont.) Audits can be random or triggered by: ◦ Job duties not normal for occupation ◦ Qualifying experience gained with sponsoring employer in comparable position ◦ Foreign language requirements ◦ Layoffs for same or similar position ◦ Sponsored employee owns part of business or has family relationship with owner of business
  24. 24. Sponsorship Obligations Must pay all costs associated with PERM process, including attorneys’ fees and advertising (employee cannot reimburse) Must conduct good faith recruitment effort without sponsored employee involvement Must confirm that no qualified, U.S. workers responded to the recruitment
  25. 25. The Green Card Process After PERM Approval Speaker: Angela M. Lopez
  26. 26. Step 2: I-140 Petition  Employer must file I-140 petition within 180 days of PERM approval  Employer must prove ability to pay the offered wage (prevailing wage or higher)  Sponsored employee’s qualifications must be documented, e.g. education, experience  Premium processing option ($1225)
  27. 27. Evaluate Ability to Pay Before Starting PERM Process Proof of current ability to pay offered wage can include: ◦ A statement from the financial officer of the company, if 100 or more employees ◦ Copies of the following documents for the year of and year preceding the labor certification, if fewer than 100 employees:  Annual Report  Federal Tax Returns  Audited Financial Statements
  28. 28. Obtain Proof of Qualifications BEFORE PERM is Filed  Education, training, and certifications must be completed before PERM is filed ◦ Diplomas and/or transcripts ◦ Training certificates ◦ Certification letters or documents  Experience required for position must be attained before PERM is filed ◦ Detailed letters of experience from previous employers
  29. 29. Step 3: Immigrant Visa Process (Green Card”) Priority date must be current, i.e. immigrant visa number available Two processing options • Adjustment of Status petition (in the U.S.) - Form I-485 • Consular process (outside the U.S.) - Form DS-230
  30. 30. Adjustment of Status  Present in the U. S. in valid non-immigrant status and no status violations for more than 180 days  I-485 filed separately for employee and family member with USCIS  Employment Authorization Document (EAD)  Travel Authorization Document (Advanced Parole)  Processing time – 6 months or more, depending upon priority date
  31. 31. Consular Process • DS-230 form - file with the Department of State (consulate/embassy) for employee and each family member • Processing Times – approximately 3 to 6 months (depends on the consulate) after I-140 approval • Applicant and family must travel to U.S. consulate for interview at designated time
  32. 32. Fastest Processing  Determine whether I-485 or DS-230 is best or only option before I-140 is filed  File I-140 and I-485 applications concurrently, if priority date is current  Use premium processing for I-140 petition, especially if consular processing  Track priority dates monthly at: http://www.travel.state.gov/visa/bulletin/b ulletin_1360.html
  33. 33. Question & Answer Session
  34. 34. Legal Notice Facts of each case are different. The information provided here is general in nature and should not be relied upon for your specific situation and is not legal advice. Consult with an experienced immigration attorney to get the right advice to secure your future in the United States.
  35. 35. Thank You! 11325 Pegasus Street, Suite S-215 Dallas, TX 75238 469-916-7900 Telephone 469-916-7901 Facsimile immigration@badmuslaw.com www.badmuslaw.com

Editor's Notes

  • to invest in a new commercial enterprise which will benefit the U.S. economy and create jobs for American workers.

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