An American company may file a Labor Certification (PERM) petition and a Green Card application behalf of an alien worker when it can be demonstrated that there are no qualified or available workers for the position, and that the alien is in fact qualified for the...
An American company may file a Labor Certification (PERM) petition and a Green Card application behalf of an alien worker when it can be demonstrated that there are no qualified or available workers for the position, and that the alien is in fact qualified for the position. The lack of American workers for the position is demonstrated by drafting a job description and advertising it in accordance with the Department of Labor requirements. If no qualified applicants are found, a company (employer) may file for the alien (future employee). Below is a short step-by-step description of the Labor Certification / Green Card process.
PROCESS, REQUIREMENTS AND COMMENTS
1. Job description is drafted.
2. Attorney communicates with the Department of Labor and obtains a prevailing wage determination (NPWC – National Prevailing Wage Center), which establishes the pay for the position to be advertised.
3. Attorney works with the Department of Labor to establish the requirements for advertising for the position being offered to an immigrant worker. The advertisement and recruitment process begins.
4. Job applicants are reviewed. Determination is made as to whether there are any qualified applicants in the U.S. If a determination is made that there are no qualified American applicants, the Employer may then file a Labor Certification petition to approve the eligibility of an immigrant worker. This process takes approximately 6months.
5. Within 180-days after a successful approval of the Labor Certification for a foreign worker, the Employer files an Immigrant Petition (Green Card) for an immigrant worker. Additional comments and requirements:
The employer need not actually ever employ the alien employee. Although the Employer should have a real intention to hire the alien employee upon the successful termination of the application process, the employer may change their mind and not hire the alien employee after he receives his Green Card. Also, the employee is not required to work for the employee after the successful completion of the Green Card process.
Negotiating the properly worded job description, wage determination and the advertisement requirements with the Department of Labor are the key elements of a successful Labor Certification process.
The employer must demonstrate the ability to pay the employee.
The job must be “full time”
The alien employee need not be in the United States at the time of the filing. If the alien is in the U.S., and is in status, he may adjust status to that of the Permanent Resident without having to leave the United States. If the alien is out of status but not barred from re-entry (under 180 days of being out of status), then he may obtain his Green Card through counselor processing in his home country.
Immediate family members of the Green Card recipient may receive Green Cards also.
This summary is not intended to be a legal consultation and intended to be a general description. A legal consultation is necessary before any action is taken. Please call Chicago Law Group (847) 579-9989.