LABOR CERTIFICATION QUESTIONNAIRE |
There are five categories through which a beneficiary can obtain permanent residency.
Employment Based (EB) 1
No labor certification required. File only I-140 and I-485
- L-1A Managers
- Outstanding Professor or Researcher
- Extraordinary Ability Aliens
Labor Certification required except for those applying for National Interest Waiver
- Advanced Degree Holders (at least a Master’s Degree)
- Bachelors + 5 years of progressive experience
Labor Certification required
Members of a Profession (at least Bachelor’s Degree)
EB-4 Religious Workers
(No labor certification or I-140 petitions. Instead file I-526/829)
- Must invest $1 million in cities Or
- $500,000 in areas of “Targeted Employment” and
- Employ 10 full-time U.S. workers
Amounts might change
The three steps for a EB permanent residency application (green card) are:
Note: Not applicable for EB-5. Labor Certification not applicable for EB-1
1. LABOR CERTIFICATION
Before a beneficiary can be admitted into the U.S through Employment, the Employer has to prove to the Department of Labor that there are no qualified U.S. Citizen or Green card holder to fill the position. This is done through advertising for the position, and interviewing the applicants thereby testing the labor market to see if there are qualified applicants.
On March 25, 2005 the DOL decided to introduce an Electronic Based system for Labor Certification, known as the PERM system. All PERM cases throughout the country is adjudicated in their Atlanta Office.
The DOL has prescribed certain advertisement requirement for the PERM. The Mandatory ones are:
- State Workforce Commission Job Order- For at least 30 days
- Two Sunday Newspapers of of General Circulation-Major Newspapers in the job location
Additionally, for professional positions, the Employer has to Advertise in any 3 of the following:
- Job Fairs
- On Campus Recruiting
- Posting on Employer’s web site
- Advertisement in Trade or Professional Organization in Journals, etc
- Job Search Web site
- Job listed with Private Employment Firm
- Dates Advertised with Employee Referral Program
- Dates Advertised with Campus Placement Office
- Advertisement in Local and Ethnic Newspapers
- Dates advertised with radio and TV ads
The Employer also has to post a Notice in their office or their Labor Unions for 10 consecutive business days.
After completing all of the above, the Employer has 180 days to contact perspective employees and determine whether there are any US Citizen or Permanent Resident Candidate who is qualified, able and willing to do the work.If this process in completed, Employer can file the PERM 30 days after the advertisements end.
Then the electronic form, ETA 9089 is filed, and the DOL begins to process it.
After the PERM gets approved, the next step is filing the I-140 Petition.
2. I-140 VISA PETITION
The Second process involves the filing of the I-140 with the Citizenship and Immigration Service. (CIS, Formerly known as the INS). The CIS determines whether the employer has sufficient ability to pay the beneficiary’s salary, and whether the beneficiary is qualified to do the job advertised in the PERM, ie she has the minimum education and experience. For filing the I-140 the following documents are necessary:
- The Employer’s Ability to pay:Either income tax filing records for the employer, (with less than 100 Employees) showing net profit greater than the amount to be paid to alien in the PERM,orThe Employer is already paying the alien that amount as is reflected in the alien’s W-2 formorThe Employer has substantial asset to pay the employee.If the Employer has over 100 employees, a statement is enough. For publicly traded companies a web printout of stock performance is enough
- Educational certificates of the beneficiary, including evaluation of foreign credentials, and transcripts
- All Work experience letters from all past works for beneficiary. Please have these on Company’s Letterhead where you worked. A letterhead is a piece of stationary paper with the Company’s name and logo printed on it.
APPLICATION FOR ADJUSTMENT OF STATUS (I-485)
The third and final process involves the change of non-immigrant status to immigrant status. This step can occur concurrently with the I-140 filing if visa numbers are available for the alien’s or her spouse’s country of birth and for their Employment Category (ex EB-2). Also, the beneficiary can do consular processing in a foreign country instead of I-485. For filing the I-485 the following documents are necessary:
- A birth certificate for the sponsored alien employee and all family members- wife and children
- A marriage certificate if married (with prior divorce decrees if applicable)
- Current passports and I-94s
- Letter from petitioner saying that the job offer is still open, and they will continue to hire you at the rate mentioned on the labor certificate
Medical: Done by a Citizenship and Immigration certified doctor
Each person will need 6 pictures. The pictures have to be passport-style photos (2”x2”). The photos must be in color with full face, frontal view on a white to off-white back ground. Head height should measure 1” to 1 3/8” from top of hair to bottom of chin, and eye height is between 1 1/8” to 1 3/8” from bottom of photo. Please have pictures cut.
The information in these pages is not to be construed as legal advice for any specific situation. This information should not be construed as legal advice and does not constitute an engagement with Banerjee & Associates or establish an attorney-client relationship. For More information please call us