Third Worker Preference EB 3 Labor Certification, PERM Skilled Workers

Transcription

1 Third Worker Preference EB 3 Labor Certification, PERM Skilled Workers Labor Certification Certification by the U.S. Department of Labor (DOL) that there are no able, willing, qualified & available U.S. workers for the position offered. Testing the Labor Market Employer has to show he tested the market by: 1. Placing ads in the newspapers of general circulation or professional journals; 2. Internet postings 3. Employment agency posting 4. On the job posting

2 What is PERM? PERM (Program Electronic Review Management) PERM allows US employers to appoint immigrant aliens (on a permanent basis) or nonimmigrant aliens (on a temporary basis) to work in the United States. Federal Immigration laws and regulations permits an employer to hire an alien only if the USDOL (U.S. Department of Labor) certifies that there are no minimally qualified U.S. employees for the position. PERM labor certification rule was officially published on December 27, PERM took effect on March 28, All labor applications filed on or after March 28, 2005 are processed under PERM procedures.

3 PERM (Program Electronic Review Management) All labor certifications (Form ETA 9089) must be filed under the PERM regulations. Prior to filing, employer must register his company with the permanent online system Getting Started The employer must choose the position from O*NET and request the prevailing wage for the position (prevailing wage is the median wage paid to workers in a specified locality) Recruitment (job advertisement) must be conducted no less than 30 days and no more than 180 days prior to Form ETA 9089 being filed. Non Professional Positions Must be 2 Sunday advertisements placed in a newspaper of general circulation (The Sundays can be consecutive) The ads must state: the name of the employer, employer contact information, and a job description

4 PERM (Program Electronic Review Management) Professional Positions Same requirements as Non Professional Position in addition to these advertisement avenues: Employer can substitute the Sunday ad for a professional journal ad Job fair Employer website On Campus Recruiting Journal Advertisement Trade & Professional Organization Private Employment Firm Employee Referral Program with Incentives Campus Placement Office Radio & TV Ads

5 Schedule A Workers This is a list of occupations wherein the DOL has determined that there are not sufficient U.S. workers who are able, willing, qualified and available and employment of aliens in these occupations will not adversely affect the wages & working conditions for U.S. workers similarly employed. (EX: nurses & physical therapists) Forms Required: I 140, G 28, ETA 9089 Documents Required Form I 485 with 2 recent photos Form G 325A Form ETA 9089 Form I 693 Form I 765 IRS Form 9003 Notice of Approval and/or USCIS Receipt Job offer letter or self petition letter Form I 131 with 2 recent photos Copy of passport and Form I 94 Evidence of Familial Relationship Required Filing Fees

6 Visa Retrogression EB 1& EB 2 (Labor Certification Waived) Priority date established when I 140 filed EB 2 (with Labor Certification) & EB 3 Priority date established when Labor Certification is filed with DOL or State Agency EB 4 EB 5 Priority date established when Form I 360 Filed Priority date established when Form I 526 Filed

7 4 th Preference: Special Immigrants/Religious Workers Requirements of the worker: 1. Must have been a member of a religious denomination for 2 years immediately prior to filing the application 2. Seeking to enter the U.S. solely to work in a professional religious capacity 3. Organization must be a bona fide entity affiliated with the religious denomination and is exempt from taxation per the IRS Code. Forms Required I 360, G 28 Documents Required Documentation showing organization is exempt from taxation A letter generally outlining and authenticating that the individual is in fact authorized to conduct religious worship.

8 5 th Preference EB 5 Investors Summary of Statutory Requirements Capital Investment of $500, in a rural or high unemployment area and $1,000, in all other areas New Commercial Enterprise Creation of a new original business after ; Purchase of an existing business with reorganization into a new business; Expand Existing Business with 40% increase in net worth or 40% increase in number of employees Creation of 10 Full Time Positions 35 hours per week Troubled Business Business existing for 2 years and has incurred a net loss during the 12 or 24 months prior to filing of the application.

9 5 th Preference EB 5 Investors Documents Required Business Plan Business License Proof that required amount of capital was transferred Bank Statements Proof of Assets purchased for use in the enterprise Proof of Property Transferred from Abroad Copies of I 9 Forms and Tax Records