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pmloosi
سلام دوستان. من کارفرما دارم و یه وکیل هم برای این کار انتخاب کردم منتها این وکیل ایران یا ایرانی نیست. متن ایمیل وکیل رو اینجا براتون میذارم. حتی با داشتن کارفرما هم مسیر سختیه. گفتم بقیه هم از این اطلاعات استفاده کنن. این روش نرمال EB-2 و EB-3 هستش ولی در مورد روش های دیگه که خود وکیل ها کارفرما معرفی میکنن اطلاعاتی ندارم. در ضمن تو این روش همه ی هزینه ها به عهده ی کارفرماست.
I’d like to start by providing you with an overview of the PERM labor certification process. The candidate’s immigrant visa case (i.e. green card) will be based on the “permanent job opportunity” that will serve as the basis of the PERM application (the first step in the green card process). This is the job opportunity for which the firm will test the job market in the area of intended employment and determine if there are qualified U.S. applicants, and it is this job opportunity that the Department of Labor will be certifying and the USCIS will approve on the I-140 petition as the basis for her immigrant visa.
Defining the Permanent Job Opportunity & Testing the US job market
1. One of the first steps in the process is to identify the position that is being offered on a permanent basis and to get a detailed job description of day-to-day job duties of the position being offered, as well as the minimum education and experience requirements. This rule is the principal distinction between the labor certification procedure and the normal hiring practices of most employers, who seek the most qualified candidate for the job, not just one who meets the minimum or “floor” requirements.
The job description should be specific enough to identify what the job duties and tasks are but not so specific that the position is not flexible or sustainable over a period of time since the green card process can be lengthy. They cannot be tailored to the candidate and the candidate will need to verifying that she meets all of the minimum job requirements at the time of the PERM application is filed.
2. Second, the company must identify the permanent job location since the PERM process is based on a test of the U.S. job market in the area of intended permanent employment.
Prevailing Wage & Ability to Pay
The company must agree to pay the actual wage or prevailing wage, whichever is higher. A prevailing wage determination must be obtained from the Department of Labor’s (DOL) National Prevailing Wage & Helpdesk Center. To arrive at a prevailing wage, DOL will first assign an occupational classification derived from the position’s duties and requirements, and will thereafter assign one of four skill levels that will lead to the designation of a specific salary figure. The employer must then agree to pay the employee at least the determined prevailing wage for the position at the time the employee is granted permanent residence (i.e. prospectively).
At the I-140 stage (second stage), the company must demonstrate to USCIS that it has the ability to pay the offered wage from the priority date (i.e. the date the PERM application is filed with DOL) all the way through until when he is granted permanent residence. This is demonstrated through submission of audited financial statements or business tax returns that show sufficient profit.
Other Issues
There are several issues that may arise that will require your cooperation and support to resolve before the firm can proceed with recruitment for the PERM stage of the case. Most notably, the Department of Labor (DOL) is very sensitive to making sure that employers reject US workers for lawful reasons. DOL takes that position that a US worker is qualified if, through the combination of education, training and experience, s/he can perform the job duties in a reasonable normal manner without having to undergo significant training. Therefore, you have to be prepared to address why training cannot be provided for an applicant to gain all of the “skills” that you listed as requirements. If the PERM case is selected for audit, the company may be required to demonstrate a business necessity to justify that your requirements are normal to the occupation and essential to perform the job duties. You also will likely have to address the training issue, i.e. why someone with the degree requirements and some of requirements or skills, couldn’t receive reasonable on the job training to “get up to speed”. I will work with you on these issues if they arise, but want to bring this to your attention upfront.
Time Frames
The PERM labor certification stage will take close to a year. The I-140 stage can be premium processed for an additional fee for initial processing within 15 days. Regular processing is currently taking approximately 6 months. The immigrant visa process through the U.S. State Department, the final stage of the process for an applicant who resides outside of the United States, takes another 6+ months. The stages are covered in the attached overview.
Once you have a chance to review the PERM overview, I would be happy to schedule a time to further discuss the process and any questions that you have. It would be helpful to get a copy of the job description for the position you are considering, as well as the candidate’s resume.
پاسخ : اقامت دائم از طریق ویزای EB3
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