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.
It is possible, but not recommended, to pursue PERM employment-based green cards if the sponsoring company is owned by a family member of the foreign worker, or by the worker himself.
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.
Foreign nationals that have an Advanced degree, Bachelor’s degree & 5 years of experience, or an exceptional ability could qualify for an Eb-2 green card.
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.
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…
We just had an approval for a green card after the PERM and I-140 process. You can find out more about the three steps for the employment based green card by clicking here. Scott Legal, P.C. processes green card applications…
Scott Legal, P.C. just had the first step of the green card process (PERM Application) certified by U.S. Department of Labor for one of our clients. The PERM was approved for a beauty brand company based in New York. The next step in the…
Scott Legal, P.C. had an approval for a naturalization application. The green card holder had been in the U.S. for several years and recently decided to apply for Citizenship. The green card holder is a French will attend the swearing in ceremony…
Kelly R. LeGrand Weiner spoke on E-2 visa issues at a Corporate Practice Committee event for AILA’s New York chapter as part of a larger conversation with business immigration practitioners on a variety of current business immigration topics. This committee…
Our managing attorney Kelly Weiner attended the AILA PERM conference in Washington on December 7th. The full day conference was an advanced session focusing on the employment based green card when an employer requires labor certification. The conference focused on…
Scott Legal, P.C. just had the first step of the green card process (PERM Application) certified by U.S. Department of Labor for one of our E-2 clients. The PERM was approved for a recruitment firm based in the U.K. The…
Scott Legal just had a PERM Application for Permanent Employment certified by U.S. Department of Labor. The employer is a large manufacturer and the applicant works on marketing analytics. Click on the buttons below in order to claim your…
We just had a PERM Application for Permanent Employment certified by U.S. Department of Labor. The employer is an recruitment firm and the applicant is a senior recruiter. The applicant is from the U.K. and can now apply for a green…
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…
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