This issue may still be open to litigation since it is not always clear whether housing provided by an employer is a typically expected benefit like wages, health insurance and vacation days.
Employers who sponsor foreign nationals for a green card through the PERM process are required to pay the prevailing wage (or higher) as determined by a Prevailing Wage Determination.
Foreign workers can get green cards under the EB-3 skilled workers category for jobs that require at least 2 years of job experience, education or training.
Foreign workers who are being sponsored for green cards through the PERM process must produce proof of qualifications, such as employer experience letters, at the I-140 stage of the process.
PERM is a multistep process that employers can use to sponsor foreign workers. Human resources professionals should work closely with immigration attorneys to ensure a smooth PERM process.
Generally, for an Eb-2 and Eb-3 green card petitions, the employer cannot just file a green card petition with USCIS, but will first have to get an approved PERM Labor Certification from the Department of Labor.
The US company must be willing to pay a prevailing wage to the foreign worker and must obtain a prevailing wage determination as part of the PERM process.
If your current job and the PERM job are substantially comparable, then the employer cannot require more experience than you had at the time of initial hiring.
Scott Legal just had a PERM approved without an audit. A PERM is a labor certification that is filed when you are applying for a green card under the EB-2 or EB-3 categories.
Department of Labor Changes to the H-1B, E-3, and H-1B1 Programs Effective October 8, 2020, The Department of Labor will raise the nonimmigrant H-1B, E-3, and H-1B1 prevailing wage requirements and wages for the PERM labor certification program. The exact…
On March 20, 2020, DOL initially relaxed its related filing rules due to the challenges facing businesses during the COVID pandemic. Department of Labor’s Office of Foreign Labor Certification has confirmed that it will not extend this policy. This means…
If you are an employer planning to sponsor one of your employees for a green card, there are several steps to the process. The most well-known part of the process and the one we receive the most questions about is…
There are three main steps to obtain an employment-based green card: 1. PERM Labor Certification (Assessment of whether or not there are qualified U.S. workers) 2. I-140 petition (Employer petition for permanent foreign worker) 3. I-485 application (Employee application for…
Scott Legal, P.C. keeps up to date on the issues related to the practice areas we specialize in. We also regularly publish articles in this blog so that we can share that information with you. Please feel free to contact us and ask us any questions you have about our posts. Also, please feel free to comment in the comment section and/or share the posts with friends and family on Facebook, Twitter and Linkedin.
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