Getting EB-2 or EB-3 Visa: How Labor Certification Attorneys Help Employers
EB-1, EB-2, EB-3, and EB-4 are some of the employment-based immigrant visa offered by the U.S.A. These visas are issued to those who already have a job offer from a U.S. employer that further sponsors them.
If you have a job offer from US company, but you come under the EB-2 or EB-3 visa categories, your employer need to get an approved labor certification from the U.S. Department of Labor (DOL) before submitting an immigration petition to the USCIS. This means that an employer needs to first test U.S. labor market in order to find a qualified, talented U.S. worker who caters to the minimum employment requirements.
To manage so much of documental works is not your cup of tea. So, you should look for a professional and experienced labor certification attorney.
Some of the most critical issues concerning this process and where an attorney can help you include the following:
If you are an employer, you need to fill and submit an Application for Permanent Employment Certification. This application is a must to be submitted, as it describes the educational requirements, duties, experience, training and other special skills. As an employer, you need to hire an individual who meets these requirements. This application also includes the qualifications of foreign workers.
Before you go to fil the application, you must obtain a prevailing wage determination.
Pre-Filing Recruitment Steps
Prior to filling the application for the PERM system, you need to attest to the Department of Labor (DOL) to having conducted recruitment. However, this won’t be required if your applications involve Schedule A occupations and sheepherders.
Under the U.S. Labor Law, some occupations are considered ‘professional’, so you need to make sure whether you’re hiring a professional or labor. For professional occupations, you must recruit using additional standards. As a budding employer, if you want to hire professional occupation, you must make sure that the candidate has a bachelor’s or higher degree.
Other occupations that don’t require a bachelor’s or higher degree should be simply recruited under the requirements for nonprofessional occupations. Once the process of your recruitment is completed, you need to make a recruitment report in which you need to categorize the lawful-job-related reasons for the rejection of U.S. applicants.
In some cases, the DOL may also choose an employer’s application for audit. It depends on a variety of reasons like if you require more than the minimum required for an occupation.
As the PERM system has been developed, you have the option to fill an application electronically or by mail. This is the faster and more convenient method, designed to make sure an employer cannot be able to submit their form unless they have provided all required information.
If you run a business and want to hire a U.S. foreign worker for a permanent position and if you want to hire a potential permanent employee, but have not ideas immigration and visa procedure, you should look for experienced labor certification attorneys. These attorneys are well-qualified and experienced to help their clients right from the beginning to the end.