H-1B ‘Right To Control’ RFEs: What to Expect and How to Answer Themmbashyam
Today, immigration practitioners and employers have needed to adapt to a myriad of changes in the H-1B professional worker program. It started a few years ago with stricter USCIS requirements on an H-1B employee’s itinerary if placed at an off-site work location. Then, in January 2010, the USCIS released the Neufeld Memo which redefined the employer-employee relationship, and made it harder for staffing firms to apply for H-1B visas.
This presentation outlines how the USCIS has implemented this memo by issuing lengthy Requests for Evidence (RFE) on the ‘right to control’ issue, what to expect from a typical RFE, as well as how to properly respond to these RFEs to give H1B cases the best chance for success.
Whether you employ one H-1B employee or 100 H-1B employees, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require you to follow very specific rules. Failure to comply with these rules can lead to heavy fines, penalties, payment of back wages, debarrment, and negative publicity for your business. The DOL has ordered millions of dollars in back wages and imposed thousands of dollars in fines on companies after auditing their records and practices. With the right information, you can avoid this outcome for your company and safely hire and retain key H-1B employees.
Employers: What You Must Know to Safeguard Your Business From Costly H-1B Vis...Badmus & Associates
PDF version
What you will learn on the Webinar :
1 Who is responsible for attorney fees and application costs associated with the H-1B petition.
2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
3 When employers are required to onboard and pay the new H-1B employee.
4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
7 The three steps you must undertake to effectively terminate employment of your H-1B workers.
8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...
Discover the Missteps that Can Sabotage Your H-1B Visa Approval. In these slides and video, you will learn:
✔The critical facts that determine your eligibility for an H-1B visa and the information you MUST include in your application
✔Common problems that can occur after H-1B approval and how to prepare for and resolve them
✔Tips and tools you can use to manage your H-1B visa process smoothly
✔Important deadlines and timelines you need to know so you can avoid unnecessary delays
✔How to document your company's need for and ability to support the offered position
✔How to properly classify your position to meet Department of Labor wage requirements
✔Updates on the H-1B visa compliance requirements to help you manage your visa properly
✔And more....!
This document summarizes a presentation about common mistakes employers make related to H-1B visas and Labor Condition Applications (LCAs) that can result in penalties and fines from government agencies. The presentation covers 9 common mistakes to avoid, such as failing to pay required wages, benching employees, and failing to maintain required documentation. It also provides guidance on properly completing LCAs, conducting internal audits, and preparing for potential audits or investigations from the Department of Labor or Department of Homeland Security. The presentation was given by an immigration law firm to help employers avoid costly errors and comply with applicable laws and regulations.
This document discusses 6 alternatives to H-1B visas for foreign national professionals:
1) Hiring options for candidates with previous H-1B status who are cap-exempt or eligible for concurrent H-1B petitions.
2) Other temporary visa options like H-1B1, E-3, TN, E-2, H-3, J-1, L-1, and O-1 visas that have different eligibility requirements and maximum periods of stay.
3) Green card options like EB-1, EB-2, EB-3 PERM labor certifications and national interest waivers that provide a path to permanent residence but require sponsorships and can take 1.
HR Best Practices You Must Use to Avoid Immigration Discrimination ClaimsBadmus & Associates
The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates claims of immigration-related and citizenship discrimination in the Form I-9, Employment Eligibility Verification process. Claims, investigations, and penalties are on the rise in this area as employers, large and small, make often innocent mistakes in the dealing with I-9 and E-Verify issues. Watch this presentation for employer best practices to avoid liability.
H-1B ‘Right To Control’ RFEs: What to Expect and How to Answer Themmbashyam
Today, immigration practitioners and employers have needed to adapt to a myriad of changes in the H-1B professional worker program. It started a few years ago with stricter USCIS requirements on an H-1B employee’s itinerary if placed at an off-site work location. Then, in January 2010, the USCIS released the Neufeld Memo which redefined the employer-employee relationship, and made it harder for staffing firms to apply for H-1B visas.
This presentation outlines how the USCIS has implemented this memo by issuing lengthy Requests for Evidence (RFE) on the ‘right to control’ issue, what to expect from a typical RFE, as well as how to properly respond to these RFEs to give H1B cases the best chance for success.
Whether you employ one H-1B employee or 100 H-1B employees, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require you to follow very specific rules. Failure to comply with these rules can lead to heavy fines, penalties, payment of back wages, debarrment, and negative publicity for your business. The DOL has ordered millions of dollars in back wages and imposed thousands of dollars in fines on companies after auditing their records and practices. With the right information, you can avoid this outcome for your company and safely hire and retain key H-1B employees.
Employers: What You Must Know to Safeguard Your Business From Costly H-1B Vis...Badmus & Associates
PDF version
What you will learn on the Webinar :
1 Who is responsible for attorney fees and application costs associated with the H-1B petition.
2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
3 When employers are required to onboard and pay the new H-1B employee.
4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
7 The three steps you must undertake to effectively terminate employment of your H-1B workers.
8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...
Discover the Missteps that Can Sabotage Your H-1B Visa Approval. In these slides and video, you will learn:
✔The critical facts that determine your eligibility for an H-1B visa and the information you MUST include in your application
✔Common problems that can occur after H-1B approval and how to prepare for and resolve them
✔Tips and tools you can use to manage your H-1B visa process smoothly
✔Important deadlines and timelines you need to know so you can avoid unnecessary delays
✔How to document your company's need for and ability to support the offered position
✔How to properly classify your position to meet Department of Labor wage requirements
✔Updates on the H-1B visa compliance requirements to help you manage your visa properly
✔And more....!
This document summarizes a presentation about common mistakes employers make related to H-1B visas and Labor Condition Applications (LCAs) that can result in penalties and fines from government agencies. The presentation covers 9 common mistakes to avoid, such as failing to pay required wages, benching employees, and failing to maintain required documentation. It also provides guidance on properly completing LCAs, conducting internal audits, and preparing for potential audits or investigations from the Department of Labor or Department of Homeland Security. The presentation was given by an immigration law firm to help employers avoid costly errors and comply with applicable laws and regulations.
This document discusses 6 alternatives to H-1B visas for foreign national professionals:
1) Hiring options for candidates with previous H-1B status who are cap-exempt or eligible for concurrent H-1B petitions.
2) Other temporary visa options like H-1B1, E-3, TN, E-2, H-3, J-1, L-1, and O-1 visas that have different eligibility requirements and maximum periods of stay.
3) Green card options like EB-1, EB-2, EB-3 PERM labor certifications and national interest waivers that provide a path to permanent residence but require sponsorships and can take 1.
HR Best Practices You Must Use to Avoid Immigration Discrimination ClaimsBadmus & Associates
The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates claims of immigration-related and citizenship discrimination in the Form I-9, Employment Eligibility Verification process. Claims, investigations, and penalties are on the rise in this area as employers, large and small, make often innocent mistakes in the dealing with I-9 and E-Verify issues. Watch this presentation for employer best practices to avoid liability.
9 Costly H-1B Mistakes Employers Make and How To Avoid ThemBadmus & Associates
This document summarizes a webinar presented by Badmus Law Firm on avoiding costly mistakes with H-1B visas and Labor Condition Applications (LCAs). The webinar covered the top 9 mistakes employers make, including providing inaccurate information, missing filing deadlines, paying incorrect wages, making prohibited pay deductions, and failing to maintain proper documentation. It also reviewed how to conduct internal audits and prepare for investigations by the Department of Labor or Department of Homeland Security. Maintaining proper public and internal files was emphasized as important to demonstrate compliance.
The document discusses the H1B visa transfer process. It explains that the company will initiate a Labor Condition Application and then file an H1B petition once approved. Even without a client letter, the company will provide supporting evidence to ensure H1B approval. Consultants are moving to this company because it keeps the process transparent, ensures regulatory compliance, and has over 18 years of experience successfully filing H1B petitions. The company also aims to start the green card process and provides benefits like paying filing fees and responding to all communication.
What Employers Must Know to Safeguard Business From Costly H-1B Visa ViolationsBadmus & Associates
What you will learn on the Webinar :
1 Who is responsible for attorney fees and application costs associated with the H-1B petition.
2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
3 When employers are required to onboard and pay the new H-1B employee.
4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
7 The three steps you must undertake to effectively terminate employment of your H-1B workers.
8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...
The document discusses the H1B visa. It begins by defining the H1B visa as a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. It then covers eligibility requirements such as having a bachelor's degree or higher in a field related to the specialty occupation. It also discusses limits on the total stay of 6 years and quotas, as well as details about re-stamping, travel, vacation, family status, changing employers, and differences between H1B visas and green cards.
This document provides an overview of a webinar on avoiding mistakes related to H-1B visa compliance. The webinar agenda covers 9 common H-1B application mistakes employers make, Labor Condition Application (LCA) compliance mistakes, how to properly document LCA compliance, and preparing for Department of Labor and Department of Homeland Security audits and investigations. The document also lists the presenters and provides information on government agencies that enforce H-1B regulations and potential penalties for noncompliance.
This document provides an overview of the H-1B visa process. It discusses the basics of the H-1B visa including eligibility requirements and duration. It outlines the roles of recruiters, human resources, legal counsel, and government agencies involved. It then describes the typical steps involved, from determining eligibility and wage requirements to filing the application and receiving a decision. It notes some potential complexities and important points regarding compliance.
Bashyam Spiro LLP - Hot Topics In Employment Based Immigrationmbashyam
The document discusses key topics in employment-based immigration, including PERM labor certification process reforms, options for cases filed under the old process, H-1B visa issues, and green card processing times. Under the new PERM system, employers must conduct recruitment before applying and offer the prevailing wage. Pending cases were transferred to Backlog Reduction Centers with uncertain processing times. Converting an old case to PERM risks losing priority dates or the ability to extend H-1B status beyond six years. Faster green card processing is occurring at some service centers.
Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
The document provides information about applying for and obtaining an H-1B visa. It defines the H-1B visa as allowing US employers to temporarily hire foreign professionals. It outlines the eligibility requirements, application process, required forms and fees, and summarizes the typical steps including obtaining a certified Labor Condition Application from the Department of Labor and filing a petition with USCIS which takes several months to process. It also discusses visa extensions, dependents, transferring employers, and holding multiple H-1B visas.
Bashyam Spiro Immigration Law Group - FY2014 H-1B Visa Processing and Trendsmbashyam
This powerpoint presentation outlines the H-1B visa process and what employers and employees need to know about H-1B visa processing, the H-1B cap, the F-1 Cap Gap laws and 221g notices at US consulates abroad.
The document provides an overview of the PERM labor certification process and subsequent green card application procedures. It discusses key aspects of the PERM process including choosing the correct employment category, defining the job requirements, determining the prevailing wage, conducting recruitment and maintaining documentation. The presentation also outlines the steps after PERM approval, including filing Form I-140, the immigrant visa application process via adjustment of status or consular processing, and tips for expediting processing. Attendees are encouraged to consult with an immigration attorney for advice specific to their case.
The New Aggressive Face of DHS - Verifying Petitions and Applications. H-1B Visa Site Visits and Investigations. Wage and Hour Investigations. Interrogations at the Port-of-Entry.
- Enforcement of immigration laws is increasing through audits and investigations of employers by agencies like DHS, CIS, DOL, and ICE. These agencies focus on compliance with laws for visas like H-1B and PERM applications.
- Employers should develop strong compliance programs, cooperate with investigators, and assign a point of contact to reduce risks from audits and investigations into areas like I-9 forms, wage obligations, and working conditions. Non-compliance can result in penalties, visa petition revocations, and liability for costs of returning employees home.
The document outlines David Nachman's top ten reasons why willing prospective employers should sponsor H-1B visas for willing candidates. Some of the key reasons include: allowing more time to obtain an H-1B visa if not approved initially; not displacing US workers as prevailing wages must be paid; being relatively routine to prepare; allowing part-time or concurrent H-1B visas; and contributing to US competitiveness by bringing in skilled global talent.
INSZoom Immigration Conference 2017 – What to expect when you’re not expectin...INSZoom
A surprise at your doorstep or an unannounced arrival of an investigator from a federal agency can arouse anxiety in the business environment. How do you handle an effective management of the investigation, no matter which agency comes calling? This session tells you how!
H1B Cap 2018 Filing Mistakes: Find out how to overcome them.
VisaPro Law Firm can help increase your chances of H-1B lottery selection and approvals.
Conact VisaPro for a FREE 2018 H1B Filing Plan Consultation at http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp
To receive assistance with your FY 2018 H-1B filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
Post graduation employment options / 2012Georgiana T.
This document provides information about post-graduation employment options for international students in the United States. It discusses Optional Practical Training (OPT) as the recommended first step after graduation to gain work experience. It then covers the H-1B visa process, requirements, quotas, fees and timeline. It emphasizes only seeking legal immigration advice from qualified attorneys and following the guidance of your international student office.
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
The document discusses several proposed changes to Australia's Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) visa programs. Key points of discussion include potentially raising the age limit, revising the required salary and skill levels, streamlining nomination requirements, and clarifying the roles of certifying bodies and online application processes. The seminar aims to gather feedback on these proposed amendments.
9 Costly H-1B Mistakes Employers Make and How To Avoid ThemBadmus & Associates
This document summarizes a webinar presented by Badmus Law Firm on avoiding costly mistakes with H-1B visas and Labor Condition Applications (LCAs). The webinar covered the top 9 mistakes employers make, including providing inaccurate information, missing filing deadlines, paying incorrect wages, making prohibited pay deductions, and failing to maintain proper documentation. It also reviewed how to conduct internal audits and prepare for investigations by the Department of Labor or Department of Homeland Security. Maintaining proper public and internal files was emphasized as important to demonstrate compliance.
The document discusses the H1B visa transfer process. It explains that the company will initiate a Labor Condition Application and then file an H1B petition once approved. Even without a client letter, the company will provide supporting evidence to ensure H1B approval. Consultants are moving to this company because it keeps the process transparent, ensures regulatory compliance, and has over 18 years of experience successfully filing H1B petitions. The company also aims to start the green card process and provides benefits like paying filing fees and responding to all communication.
What Employers Must Know to Safeguard Business From Costly H-1B Visa ViolationsBadmus & Associates
What you will learn on the Webinar :
1 Who is responsible for attorney fees and application costs associated with the H-1B petition.
2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
3 When employers are required to onboard and pay the new H-1B employee.
4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
7 The three steps you must undertake to effectively terminate employment of your H-1B workers.
8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...
The document discusses the H1B visa. It begins by defining the H1B visa as a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. It then covers eligibility requirements such as having a bachelor's degree or higher in a field related to the specialty occupation. It also discusses limits on the total stay of 6 years and quotas, as well as details about re-stamping, travel, vacation, family status, changing employers, and differences between H1B visas and green cards.
This document provides an overview of a webinar on avoiding mistakes related to H-1B visa compliance. The webinar agenda covers 9 common H-1B application mistakes employers make, Labor Condition Application (LCA) compliance mistakes, how to properly document LCA compliance, and preparing for Department of Labor and Department of Homeland Security audits and investigations. The document also lists the presenters and provides information on government agencies that enforce H-1B regulations and potential penalties for noncompliance.
This document provides an overview of the H-1B visa process. It discusses the basics of the H-1B visa including eligibility requirements and duration. It outlines the roles of recruiters, human resources, legal counsel, and government agencies involved. It then describes the typical steps involved, from determining eligibility and wage requirements to filing the application and receiving a decision. It notes some potential complexities and important points regarding compliance.
Bashyam Spiro LLP - Hot Topics In Employment Based Immigrationmbashyam
The document discusses key topics in employment-based immigration, including PERM labor certification process reforms, options for cases filed under the old process, H-1B visa issues, and green card processing times. Under the new PERM system, employers must conduct recruitment before applying and offer the prevailing wage. Pending cases were transferred to Backlog Reduction Centers with uncertain processing times. Converting an old case to PERM risks losing priority dates or the ability to extend H-1B status beyond six years. Faster green card processing is occurring at some service centers.
Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
The document provides information about applying for and obtaining an H-1B visa. It defines the H-1B visa as allowing US employers to temporarily hire foreign professionals. It outlines the eligibility requirements, application process, required forms and fees, and summarizes the typical steps including obtaining a certified Labor Condition Application from the Department of Labor and filing a petition with USCIS which takes several months to process. It also discusses visa extensions, dependents, transferring employers, and holding multiple H-1B visas.
Bashyam Spiro Immigration Law Group - FY2014 H-1B Visa Processing and Trendsmbashyam
This powerpoint presentation outlines the H-1B visa process and what employers and employees need to know about H-1B visa processing, the H-1B cap, the F-1 Cap Gap laws and 221g notices at US consulates abroad.
The document provides an overview of the PERM labor certification process and subsequent green card application procedures. It discusses key aspects of the PERM process including choosing the correct employment category, defining the job requirements, determining the prevailing wage, conducting recruitment and maintaining documentation. The presentation also outlines the steps after PERM approval, including filing Form I-140, the immigrant visa application process via adjustment of status or consular processing, and tips for expediting processing. Attendees are encouraged to consult with an immigration attorney for advice specific to their case.
The New Aggressive Face of DHS - Verifying Petitions and Applications. H-1B Visa Site Visits and Investigations. Wage and Hour Investigations. Interrogations at the Port-of-Entry.
- Enforcement of immigration laws is increasing through audits and investigations of employers by agencies like DHS, CIS, DOL, and ICE. These agencies focus on compliance with laws for visas like H-1B and PERM applications.
- Employers should develop strong compliance programs, cooperate with investigators, and assign a point of contact to reduce risks from audits and investigations into areas like I-9 forms, wage obligations, and working conditions. Non-compliance can result in penalties, visa petition revocations, and liability for costs of returning employees home.
The document outlines David Nachman's top ten reasons why willing prospective employers should sponsor H-1B visas for willing candidates. Some of the key reasons include: allowing more time to obtain an H-1B visa if not approved initially; not displacing US workers as prevailing wages must be paid; being relatively routine to prepare; allowing part-time or concurrent H-1B visas; and contributing to US competitiveness by bringing in skilled global talent.
INSZoom Immigration Conference 2017 – What to expect when you’re not expectin...INSZoom
A surprise at your doorstep or an unannounced arrival of an investigator from a federal agency can arouse anxiety in the business environment. How do you handle an effective management of the investigation, no matter which agency comes calling? This session tells you how!
H1B Cap 2018 Filing Mistakes: Find out how to overcome them.
VisaPro Law Firm can help increase your chances of H-1B lottery selection and approvals.
Conact VisaPro for a FREE 2018 H1B Filing Plan Consultation at http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp
To receive assistance with your FY 2018 H-1B filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
Post graduation employment options / 2012Georgiana T.
This document provides information about post-graduation employment options for international students in the United States. It discusses Optional Practical Training (OPT) as the recommended first step after graduation to gain work experience. It then covers the H-1B visa process, requirements, quotas, fees and timeline. It emphasizes only seeking legal immigration advice from qualified attorneys and following the guidance of your international student office.
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
The document discusses several proposed changes to Australia's Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) visa programs. Key points of discussion include potentially raising the age limit, revising the required salary and skill levels, streamlining nomination requirements, and clarifying the roles of certifying bodies and online application processes. The seminar aims to gather feedback on these proposed amendments.
To qualify for Australia Human Resource Adviser Immigration you must at least be a graduate in the relevant discipline and also have minimum desired practical exposure. The facts and validity of your claims can be established with help of an assessment advice from the designated assessment body. For more information, you can approach us.
The document provides instructions for applicants applying for a position with the Hawaii Department of Education. It outlines requirements such as citizenship status, veteran's preference points, basis for rating applications, required documentation including transcripts, pre-employment physical examinations, criminal background checks, and equal employment opportunity policies. Applicants are advised to carefully read the information and notify the department of any requests for reasonable accommodations due to disability.
H1-B Specialty Occupation Professional Visas.
ELIGIBILITY:
An international beneficiary who is offered a skilled specialty occupation by a U.S. Employer who qualifies as a professional worker may enter the U.S. temporarily to accept employment within his or her profession.
Learn more at www.onlinevisas.com or email information@velielaw.com.
The document provides an overview of US immigration laws and processes for nonimmigrant and immigrant visas. It discusses categories such as F-1 student visas, H-1B specialty occupation visas, and employment-based permanent residence. The document outlines requirements and procedures for obtaining H-1B visas, including labor condition applications and supporting documentation. It also discusses options for extending or changing status when an H-1B petition is pending or denied.
The document provides an overview of US recruitment concepts including the recruitment process, sources of recruitment, job specifications, details collected from candidates, identifying fake CVs, visa types, tax terms, job nature in the US market, why companies use contractors and candidates work as contractors, websites for US and Indian recruitment, vendor management, and criteria for choosing a reputable vendor.
The Employment Pass (EP) is the main type of Singapore work visa issued to foreign professionals, managerial personnel (managing directors, general managers, CEOs), executives or specialists who wish to work in Singapore.
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us at:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services are offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This document outlines various visa options for immigrants seeking to live and work in the United States either temporarily or permanently. It discusses non-immigrant visas like the E-2, L-1, O-1 and H-1B that allow temporary residency as well as immigrant visas like EB-1, EB-2, EB-3, EB-5 that can lead to permanent residency. Requirements for each visa category are presented along with steps individuals can take to develop a strategic plan for successfully immigrating to the US. The document concludes with a question and answer section and a disclaimer noting that legal advice is needed for specific immigration cases.
This document provides an overview of various immigration options for startup companies seeking to sponsor foreign national employees. It discusses challenges startups face due to newness, including difficulties proving ability to pay prevailing wages. Non-immigrant visas like F-1 student visa, H-1B specialty occupation visa, and E-2 treaty investor visa are outlined. The document also summarizes green card options through family sponsorship, asylum, and employer sponsorship, noting multi-year wait times for some nationalities. Overall it aims to help startups navigate immigration compliance and sponsorship opportunities and challenges.
Immigration primer for international students and entrepreneurs (m0706624)LANPDT
This document provides an overview of various visa options for international students and entrepreneurs in the United States, including F-1 student visas, Optional Practical Training (OPT), H-1B visas, the EB-5 immigrant investor program, and O-1 visas for individuals with extraordinary ability. It discusses eligibility requirements and application processes for each visa category. The document aims to help international individuals understand their immigration pathways and options for remaining in the US.
This document outlines the apprenticeship policies and procedures of JV Driver Training Department. The goal of the apprenticeship program is to support apprentices through mentorship while ensuring compliance. It defines key terms and outlines the application approval process, fees, and procedures for cancelling an apprenticeship. Apprentices are responsible for logging hours and maintaining active status with the provincial registration body.
The document discusses various topics related to US recruitment concepts including:
1) The recruitment process which involves a recruiter understanding requirements, sourcing candidates, submitting profiles to clients, and arranging interviews.
2) Common sources of recruitment like job portals, agencies, referrals and campus recruitment.
3) Details collected from candidates like availability, rate, visa status and from clients like location, duration, skills.
4) Types of visas including H1B, L1 for work and J1 for training as well as differences between permanent/full-time and temporary/contract positions.
Immigration primer for international students and entrepreneurs (m0706624) (1)LANPDT
This document provides an overview of various visa options for international students and entrepreneurs in the United States, including F-1 student visas, Optional Practical Training (OPT), H-1B visas, the EB-5 immigrant investor program, and O-1 visas for individuals with extraordinary ability. It discusses eligibility requirements and application processes for these visas and notes that legal advice should be sought for individual circumstances.
1. A solid understanding of the various steps in the LMO process
2. What pieces of the process are the Organization’s
3. What pieces of the process are Ackah Business Immigration Law’s
Recruitment plan for US based firm multiple location.pptHRBhumi
This document discusses concepts related to human resource recruitment in the US. It defines recruitment as finding capable job applicants and outlines the typical staffing lifecycle from a recruiter's perspective. It then discusses common sources of recruitment like job boards, agencies, and referrals. The document also covers topics like identifying fake resumes, visa types, tax terms, permanent vs contract roles, and reputable recruitment vendor selection criteria.
The document provides information about applying for recognition of prior learning and skills at OTEN (Open Training and Education Network). There are several types of recognition including RPL, credit transfer, and recognition of current competency. Applicants can apply for single units, groups of units, or full qualifications, and may receive credit to reduce study time or costs. The process involves gathering evidence of skills and experience, completing application forms including a pink form for each unit, and having qualifications assessed by teachers. Recognition can help complete qualifications faster and gain entry to higher qualifications.
The document provides an overview of temporary resident visas, study permit extensions, implied status and restoration, post-graduate work permits, the National Occupation Classification system, and the Federal Skilled Workers and Canadian Experience Class immigration programs. Key details include requirements for temporary resident visas, applying to extend a study permit from within Canada, rules around implied status and leaving/re-entering Canada, eligibility and application process for a post-graduate work permit, and minimum requirements for the Skilled Workers and Canadian Experience Class programs.
Similar to 7 Secrets to Win a Green Card Through PERM Labor Certification (20)
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us at:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services are offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us at:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services are offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
Unlocking the Secrets to National Interest Waiver Green Cards!Badmus & Associates
Attorney Ann Badmus discusses National Interest Waiver (NIW) green card options for qualified applicants.
Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
Immigration attorney Ann Badmus discusses the basic H-1B visa requirements, how to register for the H-1B cap lottery, and more.
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
Learn how highly accomplished and high level professionals may apply for green cards through the EB-1 priority workers categories. Foreign nationals in any industry or occupation can qualify. We have helped doctors, dentists, artists, engineers, business owners, athletes, and many other international professionals win an EB-1 green cards. In most cases, EB-1 green cards are approved much faster than most other options.
Watch this webinar and get the details of these fast-track green card options including Extraordinary Ability, Outstanding Researcher/Professor, and Multinational Executives/Managers.
How to Avoid Costly H-1B Visa Compliance Mistakes in the Trump Era of Heighte...Badmus & Associates
The Trump administration has declared that "protecting American workers by combating fraud in our employment-based immigration programs is a priority."
As a result, the Department of Homeland Security, Department of Labor, and Department of Justice have announced plans to take a "more targeted approach" and aggressively audit H-1B employers and the work sites of H-1B employees.
Watch this webinar and find out how to protect your business and employees under the Trump enforcement policy.
Topics include:
✔What to expect from the Trump administration's newly announced H-1B policy of putting American workers first
✔How to avoid and address immigration discrimination claims by U.S. citizens and others
✔When employers are required to onboard and pay the new H-1B employee and the three steps you must undertake to effectively terminate employment of your H-1B workers.
✔How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
✔What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
✔How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
✔The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
✔How to prepare for and survive government audits of your H-1B visa compliance program.
New Immigration Rules Every Employer Needs to Know for 2017 and BeyondBadmus & Associates
" Don't get caught unaware - find out the immigration rule changes that could impact your visa employees and your business!
What you will learn on the Webinar
✔Under what conditions you can promote or relocate your employees during the green card process, without incurring additional costs for a new green card application
✔When and how your employees can change jobs during the green card process and your obligations if that happens
✔How more employers can avoid the H-1B visa numerical limitations (“cap”), qualify for cap-exemption, and hire more H-1B workers at any time of the year
✔The new H-1B visa rules affecting extensions, changing employers, terminating employment, licensing, protection for whistleblowers, and more
✔What employers need to do to qualify under the new STEM OPT rule for extending work authorization of your F-1 student visa interns and employees
✔Which employees qualify for the new employment authorization document (EAD) automatic extension rules and how to properly re-verify their employment eligibility on the I-9 form, and more!
5 Major Mistakes Business Owners Make That Expose Them to Legal RisksBadmus & Associates
This document discusses 5 major legal risks that can expose businesses to liability. It begins by explaining how failing to properly maintain company records, reports, and governance can lead to legal and financial issues. Next, it describes how failing to use contracts to protect a company's interests can leave it unprotected. It then discusses how failing to proactively address workplace issues like policies in an employee handbook or misclassifying workers as contractors increases risks. Finally, it notes that lacking a comprehensive immigration compliance plan can result in violations and claims against a business.
This educational session is designed to take the mystery out of complex immigration rules and provide you with the basic knowledge to successfully place foreign national physicians.
Watch and get an in-depth overview of the most common H-1B visa alternatives and strategies that can help you place these physicians faster.
Here's a summary of what you can expect to learn:
You'll learn about other visa options to hire qualified medical providers now.
You'll learn how some employers can avoid the H-1B cap and get H-1B visas year-round through available exemptions (“cap exemptions”)
You’ll learn about a certain loophole in the H-1B cap – the concurrent H-1B – that can let private employers
You'll learn about green card options as a viable alternative to H-1B visas
Top 6 Alternatives to H-1B Visas for Foreign ProfessionalsBadmus & Associates
This webinar gives you an in-depth overview of the most common H-1B visa alternatives and strategies to obtain work authorization for your foreign born employees. Learn about E-2, L-1, O-1, TN and other visa options to hire qualified professionals now, extension of F-1 OPT EADs, H-1B cap exemptions, and green card options as alternative to H-1B visas
The document summarizes an executive action immigration workshop presented by Cowles & Thompson, P.C. It discusses proposed changes to employment-based green cards and work authorizations. It also outlines the requirements and benefits of Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA), including protection from deportation, work authorization, and eligibility for drivers licenses and Social Security numbers. The document stresses the importance of consulting an experienced immigration attorney for legal advice regarding any immigration application or criminal matters.
9 Immigration Rules, Tips, and Tools to Hire IMG Physicians FastBadmus & Associates
This educational session is designed to take the mystery out of complex immigration rules and provide you with the necessary knowledge, strategies, and training to successfully hire and retain international medical graduates. Learn the the right way to hire H-1B and J-1 physicians FAST so you don’t waste precious time and resources, the legal pitfalls to avoid that can derail your recruitment and cost you time and money, and the little-known tips and tools that will help you eliminate immigration barriers so you can hire the physicians you need. PDF handout
9 Immigration Rules, Tips, and Tools to Hire IMG Physicians FastBadmus & Associates
This educational session is designed to take the mystery out of complex immigration rules and provide you with the necessary knowledge, strategies, and training to successfully hire and retain international medical graduates. Learn the the right way to hire H-1B and J-1 physicians FAST so you don’t waste precious time and resources, the legal pitfalls to avoid that can derail your recruitment and cost you time and money, and the little-known tips and tools that will help you eliminate immigration barriers so you can hire the physicians you need.
Selling to Foreign Investors: Immigration Rules Every Business Broker Needs t...Badmus & Associates
This document summarizes various visa options for foreign investors looking to do business in the United States, including non-immigrant and immigrant visas. It outlines the Treaty Investor (E-2) visa, which requires a substantial investment in and controlling stake of a real operating business. It also describes the L-1 visa for intracompany transfers, and EB-5 immigrant investor visa requiring a $1 million investment and job creation. Key eligibility requirements and investment levels are provided for each visa category. The document stresses consulting immigration attorneys to determine the best visa pathway based on an individual investor's situation.
Selling to Foreign Investors: Immigration Rules Every Business Broker Needs t...Badmus & Associates
Immigrants represent about 30% or more of business owners in many parts of the U.S. And thousands of new immigrants come to the US each year to start or buy businesses. This presentation explains the basics of E-2 and EB-5 visa rules for business brokers who are interested in this growing market of buyers.
H-1B Cap-Exempt Physicians: Avoiding the H-1B Cap with the Concurrent H-1B ...Badmus & Associates
Brief discussion about the concurrent H-1B visa strategy so cap-subject medical employers can hire H-1B cap-exempt physicians quickly and avoid the H-1B cap.
Green Card Portability - 5 Questions to Ask Before Changing Jobs While Waitin...Badmus & Associates
Green card applicants often ask if they are able to change employment while waiting for final approval. The answer is yes, if you follow established portability rules. Generally, if your I-485 application has been pending for 180 days or more, you are eligible to change jobs and continue your green card application. However, portability rules have pitfalls you must avoid, or your green card application can denied.
In this article, learn the five key questions you need to get answered before making any change in employers.
How to Avoid Losing Your J-1 Waiver if Your Contract is Prematurely TerminatedBadmus & Associates
Physicians with J-1 waivers whose employment is prematurely terminated due to their employer closing need to find a new qualifying job to maintain their immigration status. They must locate a position in an underserved area and have their new employer sponsor an H-1B petition. This requires being licensed in the new state and proving extenuating circumstances prevented continuing the original employment. With the proper steps, including consulting an immigration attorney, a J-1 waiver can be preserved even if the initial job ends early.
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Unlocking WhatsApp Marketing with HubSpot: Integrating Messaging into Your Ma...Niswey
50 million companies worldwide leverage WhatsApp as a key marketing channel. You may have considered adding it to your marketing mix, or probably already driving impressive conversions with WhatsApp.
But wait. What happens when you fully integrate your WhatsApp campaigns with HubSpot?
That's exactly what we explored in this session.
We take a look at everything that you need to know in order to deploy effective WhatsApp marketing strategies, and integrate it with your buyer journey in HubSpot. From technical requirements to innovative campaign strategies, to advanced campaign reporting - we discuss all that and more, to leverage WhatsApp for maximum impact. Check out more details about the event here https://events.hubspot.com/events/details/hubspot-new-delhi-presents-unlocking-whatsapp-marketing-with-hubspot-integrating-messaging-into-your-marketing-strategy/
Adani Group's Active Interest In Increasing Its Presence in the Cement Manufa...Adani case
Time and again, the business group has taken up new business ventures, each of which has allowed it to expand its horizons further and reach new heights. Even amidst the Adani CBI Investigation, the firm has always focused on improving its cement business.
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[To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Unlock the full potential of the MECE (Mutually Exclusive, Collectively Exhaustive) Principle with this comprehensive PowerPoint deck. Designed to enhance your analytical skills and strategic decision-making, this presentation guides you through the fundamental concepts, advanced techniques, and practical applications of the MECE framework, ensuring you can apply it effectively in various business contexts.
The MECE Principle, developed by Barbara Minto, an ex-consultant at McKinsey, is a foundational tool for structured thinking. Minto is also renowned for the Minto Pyramid Principle, which emphasizes the importance of logical structuring in writing and presenting ideas. This presentation includes a clear explanation of the MECE principle and its significance. It offers a detailed exploration of MECE concepts and categories, highlighting how to create mutually exclusive and collectively exhaustive segments. You will learn to combine MECE with other powerful business frameworks like SWOT, Porter's Five Forces, and BCG Matrix. Discover sophisticated methods for applying MECE in complex scenarios and enhancing your problem-solving abilities. The deck also provides a step-by-step guide to performing thorough and structured MECE analyses, ensuring no aspect is overlooked. Insider tips are included to help you avoid common mistakes and optimize your MECE applications.
The presentation features illustrative examples from various industries to show MECE in action, providing practical insights and inspiration. It includes engaging group activities designed for the practice of the MECE principle, fostering collaborative learning and application. Key takeaways and success factors for mastering the MECE principle and applying it in your professional work are also covered.
The MECE Principle presentation is meticulously designed to provide you with all the tools and knowledge you need to master the MECE principle. Whether you're a business analyst, manager, or strategist, this presentation will empower you to deliver insightful and actionable analysis, drive better decision-making, and achieve outstanding results.
LEARNING OBJECTIVES:
1. Understand the MECE Principle
2. Improve Analytical Skills
3. Apply MECE Framework
4. Enhance Decision-Making
5. Optimize Resource Allocation
6. Facilitate Strategic Planning
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Enhancing Adoption of AI in Agri-food: IntroductionCor Verdouw
Introduction to the Panel on: Pathways and Challenges: AI-Driven Technology in Agri-Food, AI4Food, University of Guelph
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7 Secrets to Win a Green Card Through PERM Labor Certification
1. 7 Secrets You Must Know To Win A
Green Card Through
PERM Labor Certification
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.
6. PERM LABOR CERTIFICATION
PERM = PROGRAM
ELECTRONIC
REVIEW MANAGEMENT
U.S. Department of Labor
Step 1 of the Green Card
process
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. Employment -Based (EB) Categories
for PERM
EB-2 Advanced EB-3
Degree Professional
Professional Worker
EB-3 Skilled EB-3 Unskilled
Worker Worker
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. 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. 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.
13. 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
14. 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
15. 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
16. 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
17. 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
18. 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
19. 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
20. 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
21. 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
22. 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
23. 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
24. 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
25. 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
26. The Green Card Process After
PERM Approval
Speaker: Angela M. Lopez
27. 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)
28. 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
29. 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
30. 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
31. 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
32. 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
33. 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
35. 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.