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Naturalization Attorneys Lawyer
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Sponsoring a Worker for a Green Card: Employer's Tasks
Adjustment of status green card, permanent residence green car, national interest waiver green card
Foreign workers from any parts of the world can acquire green cards
for them to work and live in the United States only if their possible
employer from the country can prove that there is no citizen that is willing,
qualified or available to do the job. This process is called “labor certification”,
this procedure only needs a small number of requirements compare to non-immigrant
visa like H-1B and H-2B as well. The step-by-step process for getting
the labor certification was recently been changed to shorten the process
and to lessen the needed requirements. Here are the following steps to
follow in order to enter the United States through labor certificate.
1. Employer Requests Prevailing Wage Determination
This first step is one of the new procedures to shorten the period of
processing the green card of any foreign worker that can enter the country
with labor certificate. It means that the employer must seek advice from
state workforce agency local office. The employer must know the normal
wage equivalent to the job. This is essential because the employer must
be able to pay the worker more than the usual prevailing wage.
2. Employer Recruits in the U.S.
The second step is the employer may start recruiting inside the country.
In fact, it is much better if the employer can do this after determining
the prevailing wage for that job.
The U.S. Department of Labor is very strict on rules as well as regulations
on recruiting. It means that the employer can be able to advertise the
job statewide or even nationwide through accepted means such as newspapers,
websites, journals and etc. These ads should be available for two weeks
or more.
After 2 weeks or more that the employer finds no citizens are qualified,
willing or able to do the job. He can not submit an application for labor
certification to the U.S. Department of Labor. Usually, this application
comprise of 10 page form that can be submitted through the department’s
website at www.foreignlabortcert.doleta.gov. Mostly, there’s no requirements
needed, the employer must be ready, only if the DOL request for some.
The Department of labor will be the one that will decide if they will
approve it or not.
Next Steps Toward a Green Card
After the labor certificate has been approved by the U.S. Department of
Labor, the employer can now process the papers of the immigrant. The first
thing that he must do is to summit or file an application for visa petition
particularly the USCIS Form I-140. The process of the application can
take up to month to a year. After being approved for visa petition, the
immigrant can now apply for green card also known as the adjustment of
status if he is already in the country or for consulate if they are outside
the U.S.
Exceptions to Labor Certification Requirement
However, there are also some exceptions, wherein the workers will not
need a certain labor certification before they can apply for their green
card. Particularly the workers under the category of “employment first
preference”, these individuals usually have special skills and abilities
in any field that are very important in the society.
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