L1 Visa Information:
L1A holder and immediate family members, the law allows such applicant's spouse and accompanying children under the age of 21. L1 family members of holders in the United States, their children enjoy free education benefits the United States.
L1A visa in recent years, multinational managers visa for up to one of the main conditions the applicant must be the equivalent of Chinese business leaders or managers of the executive staff (including the company president, vice president, director of the Office, or company manager of a department, such as the finance manager, business manager, etc.). As long as these people in the L-1 visa application, has been in China for more than positions within the company as more than a year, while the company also intends to do business in the United States, you can start the application for L-1.
L1A visa non-immigrant visa application, however, made in accordance with the provisions of U.S. immigration regulations, L1 visa holders and their families, in a certain period of immigration status can be converted directly to obtain permanent residency in the United States. Apply for a visa at the consulate during the visa officer shall not reject an applicant with immigrant visas, because L-1 visa category in the immigration law does not give the applicant an immigrant or immigrant's freedom.
L1 visa advantages:
1. L1 visa allows the applicant immigrant, so the visa officer will not be refused for this reason;
(2) their spouse to work legally in the United States, children can enjoy free education and welfare.
3 For want their children to the United States access to quality education for families, this project has a great advantage to the U.S. after the visa can turn a student visa to study in the United States to solve a major problem - student visa visa is low; enter the United States after the other children in the choice of schools with the green card holders can also enjoy the same benefits. For L1 visa is successful, parents can apply for the company outside the U.S., along with their children to the United States, because the post-entry transfer into the student status is easy, can also apply a good university.
L1 applicant must provide the following materials in the interview:
1 valid passport: If your passport will be from the date of your planned arrival in the United States within six months expired, or damaged, or passport is no longer a blank page for a visa, please come to apply for an interview before the new passports.
2 a photo: taken at 6 months X5 cm 5 cm square white background, full frontal view. Photo of the electronic document to upload DS160 table pages.
3 original visa application fee receipt you can CITIC Industrial Bank in payment of any branch of China visa application fee 938 yuan (This amount will change from time to time, please note that verified.) Please note that application fees once paid can not be refunded, even if the applicant has been refused or abandoned. The applicant must submit a visa application fee receipt to show when the original two together. Only in line with A-1, A-2, G-1, G-2, G-3, G-4, C-3, NATO and the U.S. government-sponsored visa applicants are exempt from application fee.
4 the completed DS-160 Nonimmigrant Visa Application Form (all non-immigrant visa applicants are required to fill out).
Tuesday, January 24, 2012
H1B Visa Information
H1B Visa-About H1B Visa:
H1B visa is a United States visa. H1B visa is a special professional / temporary work visas / Temporary Worker Visas (H-1B).
H1B visa is the United States for the introduction of foreign professional and technical personnel to provide a class of work visa. H1B visa applicants must possess the necessary professional knowledge of theory and practice, and complete higher education professional courses. H1B issued to the to the United States, the United States in order to obtain immigration approval of the employer engaged in professional work of foreigners. U.S. jobs provided by employers to be recognized by U.S. law as "special professional work", such as: computer programmers, engineers, lawyers, accountants, architects, management consultants, financial analysts, market research analysts, teachers / professors .
H1B visa is defined as people who work in the U.S. short-term temporary work visas issued. H1B to be solved, but the company needed the United States in its domestic and recruit talent. Therefore, it requires a certain degree applicants must have a bachelor degree or above. People with a H1B visa through a visa extension in the United States, the longest in the United States for six years. If this status before the expiration of 365 days without going through the green card application, this visa the applicant must leave the United States at least 365 days before it can re-apply for H1B visa. New immigration regulations, foreign workers with H1B status, can be replaced before the expiry of the H1B employer. The new employer can be held H1B status you have from the original employer directly to them. Therefore, it is conducive to H1B holders in search of better opportunities. However, H1B status holder can stay in the United States is the only reason their work identity. Once H1B status holders lose their jobs, according to the regulations, they must leave the United States the next day. However, the U.S. immigration law also gives the gray period of 180 days, that is, any visas of foreigners legally enter the United States, immediately after the expiration of their visas or status, if within 180 days after the expiry of their voluntary departure, the immigration is not normally investigation of his illegal detention.
H1B beneficiaries are engaged in academic work does not mean that it must be "professional" and, if in line with the "professional" character of the responsibilities of the job duties account for only a small part of the work can not be professional . Immigration Department of Labor in accordance with established standards to determine the duties of work meets the "professional." Recently, the employer's ability to pay, company size as a standard application for immigration review H1B.
HIB visa application does not require the U.S. to provide TOEFL and IELTS, but every year quotas. Under the current law, before the fiscal year 2003, the annual quota of 195,000 foreign people. "911" In the future, in order to prevent terrorists from entry visas each year to reduce the amount to 65,000. 65,000 in fiscal year 2007 quota, except for Chile and Singapore, two Allied quota of 7,000, only 58,000 quota for other applications. Therefore, the annual quota of H1B applications are very tight, only two months April and May, the Indians because of language and technology, accounted for most of the places.
Apply for H1B visa, employers need to guarantee the United States. Employers must report to the U.S. Department of Labor, "Labor of Application" (LCA), guaranteed by the prevailing wage job to pay salaries and provide working conditions. At the same time, the employer but also to the United States Immigration (BCIS) Form I-129 filing and pay the appropriate attorneys' fees and application fees. Under current law, foreigners holding H1B visa for a maximum of six years, in most cases, the first applications are usually for three years, and then extended for three years.
H1B visa is a United States visa. H1B visa is a special professional / temporary work visas / Temporary Worker Visas (H-1B).
H1B visa is the United States for the introduction of foreign professional and technical personnel to provide a class of work visa. H1B visa applicants must possess the necessary professional knowledge of theory and practice, and complete higher education professional courses. H1B issued to the to the United States, the United States in order to obtain immigration approval of the employer engaged in professional work of foreigners. U.S. jobs provided by employers to be recognized by U.S. law as "special professional work", such as: computer programmers, engineers, lawyers, accountants, architects, management consultants, financial analysts, market research analysts, teachers / professors .
H1B visa is defined as people who work in the U.S. short-term temporary work visas issued. H1B to be solved, but the company needed the United States in its domestic and recruit talent. Therefore, it requires a certain degree applicants must have a bachelor degree or above. People with a H1B visa through a visa extension in the United States, the longest in the United States for six years. If this status before the expiration of 365 days without going through the green card application, this visa the applicant must leave the United States at least 365 days before it can re-apply for H1B visa. New immigration regulations, foreign workers with H1B status, can be replaced before the expiry of the H1B employer. The new employer can be held H1B status you have from the original employer directly to them. Therefore, it is conducive to H1B holders in search of better opportunities. However, H1B status holder can stay in the United States is the only reason their work identity. Once H1B status holders lose their jobs, according to the regulations, they must leave the United States the next day. However, the U.S. immigration law also gives the gray period of 180 days, that is, any visas of foreigners legally enter the United States, immediately after the expiration of their visas or status, if within 180 days after the expiry of their voluntary departure, the immigration is not normally investigation of his illegal detention.
H1B beneficiaries are engaged in academic work does not mean that it must be "professional" and, if in line with the "professional" character of the responsibilities of the job duties account for only a small part of the work can not be professional . Immigration Department of Labor in accordance with established standards to determine the duties of work meets the "professional." Recently, the employer's ability to pay, company size as a standard application for immigration review H1B.
HIB visa application does not require the U.S. to provide TOEFL and IELTS, but every year quotas. Under the current law, before the fiscal year 2003, the annual quota of 195,000 foreign people. "911" In the future, in order to prevent terrorists from entry visas each year to reduce the amount to 65,000. 65,000 in fiscal year 2007 quota, except for Chile and Singapore, two Allied quota of 7,000, only 58,000 quota for other applications. Therefore, the annual quota of H1B applications are very tight, only two months April and May, the Indians because of language and technology, accounted for most of the places.
Apply for H1B visa, employers need to guarantee the United States. Employers must report to the U.S. Department of Labor, "Labor of Application" (LCA), guaranteed by the prevailing wage job to pay salaries and provide working conditions. At the same time, the employer but also to the United States Immigration (BCIS) Form I-129 filing and pay the appropriate attorneys' fees and application fees. Under current law, foreigners holding H1B visa for a maximum of six years, in most cases, the first applications are usually for three years, and then extended for three years.
I-94 form informaton
what is I-94 form?
I-94 is when the foreign citizens entering the United States to fill in the entry card. I-94 is a small white card. Usually in the aircraft and ship will send you, if you are driving or walking entry, where it can get in the border I-94 form.
You fill out Form I-94, fill your basic informations.
Each I-94 form has a number, called the Admission Number.
In the entry, the border will be in your I-94 card stamped Class Until_____, write the above will give you your identity can stay in the United States, sometimes a date, that date is before you must exit sometimes the D / S, Duration of Stay, meaning not the United States as long as you can keep your identity, how long would you love to be to be long, once you out of the United States and your visa expires, then we would go again visa to enter the United States.
After the crossing you must save your I-94 form, this is very important. Sometimes border officials will use your I-94 stapler set in your passport visa page, if he did not get you, then you must take good care of yourself, it is best to I-94 and passport together . Do not lose.
In accordance with the relevant provisions of United States immigration, holding non-immigrant visas to leave the U.S. when I-94 must be returned to INS records the residence time of non-immigrant parties. US Customs and Border Protection (CBP) web site to remind those who hold non-immigrant visa when you leaving the United States must be returned to I-94 form. Otherwise, you might think that immigration in the United States overdue detention, you re-entry may be in trouble.
I-94 is when the foreign citizens entering the United States to fill in the entry card. I-94 is a small white card. Usually in the aircraft and ship will send you, if you are driving or walking entry, where it can get in the border I-94 form.
You fill out Form I-94, fill your basic informations.
Each I-94 form has a number, called the Admission Number.
In the entry, the border will be in your I-94 card stamped Class Until_____, write the above will give you your identity can stay in the United States, sometimes a date, that date is before you must exit sometimes the D / S, Duration of Stay, meaning not the United States as long as you can keep your identity, how long would you love to be to be long, once you out of the United States and your visa expires, then we would go again visa to enter the United States.
After the crossing you must save your I-94 form, this is very important. Sometimes border officials will use your I-94 stapler set in your passport visa page, if he did not get you, then you must take good care of yourself, it is best to I-94 and passport together . Do not lose.
In accordance with the relevant provisions of United States immigration, holding non-immigrant visas to leave the U.S. when I-94 must be returned to INS records the residence time of non-immigrant parties. US Customs and Border Protection (CBP) web site to remind those who hold non-immigrant visa when you leaving the United States must be returned to I-94 form. Otherwise, you might think that immigration in the United States overdue detention, you re-entry may be in trouble.
L-1 visa
L-1 visa-about L-1 visa:
L-1 visa classification:L-1A visa is for managers / supervisors.L-1B visa for professionals: master the company's special expertise or understanding of the company operations professionals. Manager / Supervisor L-1 visa holders can work in the U.S. for seven years, professional L-1 visa holders can work in the U.S. five years.
L-1 visa applications need to have the conditions:1) The foreign corporation must set up branches in the United States.2) The foreign corporation must have a U.S. subsidiary, 51% -100% of the shares.3) a fixed place of business of the company and a detailed development plan.4) the foreign corporation to a division of the U.S. capital injection.5) L-1 visa applicants in the past three years, which must be worked at the head office abroad for one year.
6) The applicant's position in corporate America is the manager / supervisor, professionals and so on.
L-1 to the families (spouses and unmarried children under the age of 21) get the identity of L-2, follow to the United States. The applicant's children can attend local schools. The applicant's spouse can apply for work permits in the United States. At this point, L-1 visa is a special visa. Most of visas, including H-1B work visa, spouse without a work permit, does not allow work in the United States. However, L visas with work permits spouses can legally work in the U.S..
L-1 visa classification:L-1A visa is for managers / supervisors.L-1B visa for professionals: master the company's special expertise or understanding of the company operations professionals. Manager / Supervisor L-1 visa holders can work in the U.S. for seven years, professional L-1 visa holders can work in the U.S. five years.
L-1 visa applications need to have the conditions:1) The foreign corporation must set up branches in the United States.2) The foreign corporation must have a U.S. subsidiary, 51% -100% of the shares.3) a fixed place of business of the company and a detailed development plan.4) the foreign corporation to a division of the U.S. capital injection.5) L-1 visa applicants in the past three years, which must be worked at the head office abroad for one year.
6) The applicant's position in corporate America is the manager / supervisor, professionals and so on.
L-1 to the families (spouses and unmarried children under the age of 21) get the identity of L-2, follow to the United States. The applicant's children can attend local schools. The applicant's spouse can apply for work permits in the United States. At this point, L-1 visa is a special visa. Most of visas, including H-1B work visa, spouse without a work permit, does not allow work in the United States. However, L visas with work permits spouses can legally work in the U.S..
What is the priority date?
What is the priority date?
Priority Date is to determine the immigration of foreign workers can apply for the final step, to submit I-458 adjustment of status application for permanent residency date.
According to immigration law, a certain amount every year U.S. government immigration quota, so that part of the foreigners, not all foreign personnel in the final I-458 adjustment of status application for permanent residence. This type of immigration quotas on immigration, nationality and so on expatriates. As the immigration quota is limited, many countries require foreign nationals waiting immigration quota, also known as the immigrant visa waiting. Priority date of the setting, is to establish a priority of waiting in line, clearly establish the identity of foreign nationals to apply the adjustment date, if the foreigners outside the United States, that is, you can submit visa applications for consular processing (CP) date.
Each month, the U.S. Immigration Visa Office will be announced once the quota of various types of immigrant visa waiting. This foreign personnel in their immigration applications have been approved and the priority date in the appropriate category of immigrants as early as before the scheduled date of the case, we can apply I-485 adjustment of status.
In professional immigrants, if immigrants need to apply for labor certification application as a prerequisite for application for immigration, then, like most all of the EB-2 and EB-3 immigration applications, the priority date is the U.S. employer to submit to the Office for a work permit date of application. If immigrants do not need to apply for a work permit application is the type, like all of the EB-1 application and NIW national interest waiver application, the priority date is to be submitted to the USCIS (I-140) immigration application date.
In addition, the Immigration September 12, 2006 memorandum on the release of employment-based immigration, explained the approval process and amendments. The memorandum reaffirmed the employment-based immigration applications available copies of the earliest priority date.
In real life, because employers can not meet the requirements of future wages, or employer restrictions on internal human resources policy, or foreign nationals of their own qualifications and other factors, can only submit EB-3PERM application. If the EB-3PERM application is approved, then the I-140 petition has been approved, then the foreigners will therefore establish a priority date, the priority date can be used for any future EB-1, EB-2 and EB- 3 application.
In addition to the priority and scheduling of waiting on the advantages of a foreign person in the H-1B six-year period, such as the EB-3 I-140 visas have been approved but not available, he can have a three-year visa extension until the quota . In addition, according to another separate legal provisions, if a foreign person before the expiration of six year H-1B PERM application has been submitted, the foreign national can apply for H-1B extension after the expiration of six years, as long as the green card application is still in progress.
Priority Date is to determine the immigration of foreign workers can apply for the final step, to submit I-458 adjustment of status application for permanent residency date.
According to immigration law, a certain amount every year U.S. government immigration quota, so that part of the foreigners, not all foreign personnel in the final I-458 adjustment of status application for permanent residence. This type of immigration quotas on immigration, nationality and so on expatriates. As the immigration quota is limited, many countries require foreign nationals waiting immigration quota, also known as the immigrant visa waiting. Priority date of the setting, is to establish a priority of waiting in line, clearly establish the identity of foreign nationals to apply the adjustment date, if the foreigners outside the United States, that is, you can submit visa applications for consular processing (CP) date.
Each month, the U.S. Immigration Visa Office will be announced once the quota of various types of immigrant visa waiting. This foreign personnel in their immigration applications have been approved and the priority date in the appropriate category of immigrants as early as before the scheduled date of the case, we can apply I-485 adjustment of status.
In professional immigrants, if immigrants need to apply for labor certification application as a prerequisite for application for immigration, then, like most all of the EB-2 and EB-3 immigration applications, the priority date is the U.S. employer to submit to the Office for a work permit date of application. If immigrants do not need to apply for a work permit application is the type, like all of the EB-1 application and NIW national interest waiver application, the priority date is to be submitted to the USCIS (I-140) immigration application date.
In addition, the Immigration September 12, 2006 memorandum on the release of employment-based immigration, explained the approval process and amendments. The memorandum reaffirmed the employment-based immigration applications available copies of the earliest priority date.
In real life, because employers can not meet the requirements of future wages, or employer restrictions on internal human resources policy, or foreign nationals of their own qualifications and other factors, can only submit EB-3PERM application. If the EB-3PERM application is approved, then the I-140 petition has been approved, then the foreigners will therefore establish a priority date, the priority date can be used for any future EB-1, EB-2 and EB- 3 application.
In addition to the priority and scheduling of waiting on the advantages of a foreign person in the H-1B six-year period, such as the EB-3 I-140 visas have been approved but not available, he can have a three-year visa extension until the quota . In addition, according to another separate legal provisions, if a foreign person before the expiration of six year H-1B PERM application has been submitted, the foreign national can apply for H-1B extension after the expiration of six years, as long as the green card application is still in progress.
How to apply for PERM labor certification?
How to apply for PERM labor certification?
PERM labor certification applications for employment-based immigration is a critical first step. Successful PERM application is an extremely complex and lengthy process. It requires the following aspects of the deep, comprehensive and thorough analysis to understand: the foreign employee's qualifications, positions, work environment, job responsibilities and requirements of the recruitment planning, recruitment and follow-up schedule of the detailed arrangements to comply with the development of recruitment procedures, and appropriate documentation and forms of technical inspection.
To increase the PERM labor certification applications to understand the requirements, qualifications, application procedures, status of currently pending Department of Labor, and other issues of concern, according to our experience, introduce labor certification application for the general steps:• The employer agrees to guarantee to foreign employees PERM labor certification application;• enter into an employment agreement with the lawyer;• PERM labor certification application form employers complete the application information, and provide the company's situation, hiring a detailed job description of positions, recruitment conditions, requirements, and foreign employees their qualifications, work experience;• Law of the company under the circumstances provided by the employer, job information, the applicant qualifications and experience for the applicant to develop a line with Department of Labor (DOL) provides the best application job title, job duties, and advertisements;• lawyers from the Department of Labor wage determination institutions (National Prevailing Wage Center) to obtain the current wage for the job (Prevailing Wage);• assistance of legal counsel, the employer in accordance with the provisions of the Labor Department steps in the media, advertising, recruitment activities, and for documentation;• Recruitment activities must be submitted before the application of 30-180 days to be completed within (One exception);• employers to screen and review candidates;• If necessary, employers need qualified candidates for interview;• employers to complete an assessment of all candidates, summed up the recruitment and informed lawyers who were hired and rejected the case, while providing detailed information related to the reason for rejection;• According to records provided by the employer recruitment activity, well-prepared lawyers to assist employers in the recruitment of a detailed report, the employer must sign the report;• If the job candidate is not qualified American workers, employers submit only that the foreign employees
PERM labor certification application;• Labor Department lawyers to gather and prepare the necessary documents, submitted via the Internet or fill out the ETA-9089 form in writing, submit well-prepared PERM labor certification application;• If the Department of Labor (DOL) that the required employer recruitment activity, did not find the post of U.S. workers, the Labor Department will be approximately 45 to 60 days to approve applications. Some applications may be approved within a few days;• If the Department of Labor (DOL) that the application conditions are not sufficient or because the random sampling, you can request further review of a special case (Audit) of the application. Employers should review the receipt of the letter issued by the Department of Labor within 30 days, reply to the Department of Labor, and provide the necessary documentation. If the employer fails to submit a request within 30 days of the relevant documents, the Labor Department will not only reject the labor certification application may be required even after the Labor Department (up to 2 years) employers need their labor certification under the supervision of other recruitment activities;• Department of Labor to complete the review of the employer files may be approved labor certification, or reject the application, or to allow the employer to the Labor Department under the supervision of the recruitment process.
PERM labor certification applications for employment-based immigration is a critical first step. Successful PERM application is an extremely complex and lengthy process. It requires the following aspects of the deep, comprehensive and thorough analysis to understand: the foreign employee's qualifications, positions, work environment, job responsibilities and requirements of the recruitment planning, recruitment and follow-up schedule of the detailed arrangements to comply with the development of recruitment procedures, and appropriate documentation and forms of technical inspection.
To increase the PERM labor certification applications to understand the requirements, qualifications, application procedures, status of currently pending Department of Labor, and other issues of concern, according to our experience, introduce labor certification application for the general steps:• The employer agrees to guarantee to foreign employees PERM labor certification application;• enter into an employment agreement with the lawyer;• PERM labor certification application form employers complete the application information, and provide the company's situation, hiring a detailed job description of positions, recruitment conditions, requirements, and foreign employees their qualifications, work experience;• Law of the company under the circumstances provided by the employer, job information, the applicant qualifications and experience for the applicant to develop a line with Department of Labor (DOL) provides the best application job title, job duties, and advertisements;• lawyers from the Department of Labor wage determination institutions (National Prevailing Wage Center) to obtain the current wage for the job (Prevailing Wage);• assistance of legal counsel, the employer in accordance with the provisions of the Labor Department steps in the media, advertising, recruitment activities, and for documentation;• Recruitment activities must be submitted before the application of 30-180 days to be completed within (One exception);• employers to screen and review candidates;• If necessary, employers need qualified candidates for interview;• employers to complete an assessment of all candidates, summed up the recruitment and informed lawyers who were hired and rejected the case, while providing detailed information related to the reason for rejection;• According to records provided by the employer recruitment activity, well-prepared lawyers to assist employers in the recruitment of a detailed report, the employer must sign the report;• If the job candidate is not qualified American workers, employers submit only that the foreign employees
PERM labor certification application;• Labor Department lawyers to gather and prepare the necessary documents, submitted via the Internet or fill out the ETA-9089 form in writing, submit well-prepared PERM labor certification application;• If the Department of Labor (DOL) that the required employer recruitment activity, did not find the post of U.S. workers, the Labor Department will be approximately 45 to 60 days to approve applications. Some applications may be approved within a few days;• If the Department of Labor (DOL) that the application conditions are not sufficient or because the random sampling, you can request further review of a special case (Audit) of the application. Employers should review the receipt of the letter issued by the Department of Labor within 30 days, reply to the Department of Labor, and provide the necessary documentation. If the employer fails to submit a request within 30 days of the relevant documents, the Labor Department will not only reject the labor certification application may be required even after the Labor Department (up to 2 years) employers need their labor certification under the supervision of other recruitment activities;• Department of Labor to complete the review of the employer files may be approved labor certification, or reject the application, or to allow the employer to the Labor Department under the supervision of the recruitment process.
Labor Certification Usa-PERM
Labor Certification USA(LC)-About Labor Certification USA:
Labor Certification (referred to as LC), also known as "foreigners work permit" is the U.S. government to protect its domestic labor market, the impact from immigration, the development of relevant immigration policy. Labor Certification is the U.S. Department of Labor (DOL) to U.S. Immigration (USCIS) for a proof if the alien obtained permanent work in the United States, and will not take away U.S. workers (U.S. citizens, permanent residents, or some special foreigners work permit) job opportunities.
The PERM (Program Electronic Review Management Process, referred to as PERM) is the U.S. government on March 28, 2005 on the development of a new labor certification process. According to PERM law, from March 28, 2005 after all the labor certification will no longer use or RIR labor certification before the traditional procedure to deal with, but must be submitted by the PERM program. To distinguish between the traditional labor certification application process, we present a new work permit, also known as PERM labor certification application process the application procedure, referred to as PERM labor certification.
According to the legal labor certification provisions of 20 CFR § 656, the purpose is very simple work permit, employers apply for work permits for foreign workers, the need to conduct a series of recruitment activities to test the job market, that can not find U.S. workers to meet minimum standards . In other words, as long as meet the minimum standards of American workers want to work for an employer, the employer going to hire the U.S. workers, but this can not be employed foreign workers. In addition, the employment of foreign workers will not harm other U.S. workers' wages and working conditions that employers can not hire cheap foreign labor.
The new PERM labor certification application process and the traditional labor certification application process before the main difference is that in the PERM application process, employers PERM applications submitted through the network, of course, an employer can also choose to apply by mail. Network PERM labor certification application is only to submit an application, the employer need not submit any additional recruitment records, candidates resume, recruitment results and final recruitment report. But the employers to submit labor certification application, the necessary recruitment activities all ready to prepare for the Labor Department documents verification (Audit). Labor Department officials in the main trial (CO) the right to verify each application. If the presiding officer of any application that does not meet the requirements of the Department, may be issued a verification notice to the employer requiring the employer to explain. Employers should notify the Department of Labor issued a check within 30 days after submission of all required documents. Otherwise, the application automatically rejected, and the employer shall within six months of filing the same application. If the application is rejected for some reason, the employer may appeal to the authorities. Department of Labor (DOL) is generally 45 to 60 days for PERM labor certification application shall be determined. However, the impact of the recent economic crisis, a slow labor certification proceedings the trend. As the current number of applicants, increasingly stringent legal requirements, the employer before making the application, should be fully prepared to work.
The establishment of labor certification, the second major priority for employment-based immigration (EB-2) and the third priority (EB-3). These two types of employment-based immigration applications, must first apply for a work permit, the only exception is the second priority of the National Interest Waiver (NIW) applications for immigration, it does not apply for a work permit, you can directly apply for emigration.
In addition, the labor certification is required by the U.S. employer based on their job requirements, an application for foreign workers, so the foreign workers, whether within or outside the United States, U.S. employers can apply for a work permit, provided that the applicants also must meet state labor the conditions.
In the labor certification is approved, the employer then the applicant to submit to the USCIS I-140 employment-based immigration applications. From July 16, 2007, the immigration provisions of the labor certification is valid, its validity is 180 days after approval of work permits. After the approval of all work permit must be approved within 180 days after the USCIS I-140 employment-based immigration to submit an application, or a work permit will lapse. Labor Certification I-140 stage is the application of important employment-based immigration documents, if the file is invalid will not make employment-based immigration applications.
Under the new regulations, in employment-based immigration applications, labor certification beneficiaries and employers can not be replaced. The new regulations also require labor certification process costs incurred, including legal fees, must be paid by the employer, not the employees pay.
Labor Certification (referred to as LC), also known as "foreigners work permit" is the U.S. government to protect its domestic labor market, the impact from immigration, the development of relevant immigration policy. Labor Certification is the U.S. Department of Labor (DOL) to U.S. Immigration (USCIS) for a proof if the alien obtained permanent work in the United States, and will not take away U.S. workers (U.S. citizens, permanent residents, or some special foreigners work permit) job opportunities.
The PERM (Program Electronic Review Management Process, referred to as PERM) is the U.S. government on March 28, 2005 on the development of a new labor certification process. According to PERM law, from March 28, 2005 after all the labor certification will no longer use or RIR labor certification before the traditional procedure to deal with, but must be submitted by the PERM program. To distinguish between the traditional labor certification application process, we present a new work permit, also known as PERM labor certification application process the application procedure, referred to as PERM labor certification.
According to the legal labor certification provisions of 20 CFR § 656, the purpose is very simple work permit, employers apply for work permits for foreign workers, the need to conduct a series of recruitment activities to test the job market, that can not find U.S. workers to meet minimum standards . In other words, as long as meet the minimum standards of American workers want to work for an employer, the employer going to hire the U.S. workers, but this can not be employed foreign workers. In addition, the employment of foreign workers will not harm other U.S. workers' wages and working conditions that employers can not hire cheap foreign labor.
The new PERM labor certification application process and the traditional labor certification application process before the main difference is that in the PERM application process, employers PERM applications submitted through the network, of course, an employer can also choose to apply by mail. Network PERM labor certification application is only to submit an application, the employer need not submit any additional recruitment records, candidates resume, recruitment results and final recruitment report. But the employers to submit labor certification application, the necessary recruitment activities all ready to prepare for the Labor Department documents verification (Audit). Labor Department officials in the main trial (CO) the right to verify each application. If the presiding officer of any application that does not meet the requirements of the Department, may be issued a verification notice to the employer requiring the employer to explain. Employers should notify the Department of Labor issued a check within 30 days after submission of all required documents. Otherwise, the application automatically rejected, and the employer shall within six months of filing the same application. If the application is rejected for some reason, the employer may appeal to the authorities. Department of Labor (DOL) is generally 45 to 60 days for PERM labor certification application shall be determined. However, the impact of the recent economic crisis, a slow labor certification proceedings the trend. As the current number of applicants, increasingly stringent legal requirements, the employer before making the application, should be fully prepared to work.
The establishment of labor certification, the second major priority for employment-based immigration (EB-2) and the third priority (EB-3). These two types of employment-based immigration applications, must first apply for a work permit, the only exception is the second priority of the National Interest Waiver (NIW) applications for immigration, it does not apply for a work permit, you can directly apply for emigration.
In addition, the labor certification is required by the U.S. employer based on their job requirements, an application for foreign workers, so the foreign workers, whether within or outside the United States, U.S. employers can apply for a work permit, provided that the applicants also must meet state labor the conditions.
In the labor certification is approved, the employer then the applicant to submit to the USCIS I-140 employment-based immigration applications. From July 16, 2007, the immigration provisions of the labor certification is valid, its validity is 180 days after approval of work permits. After the approval of all work permit must be approved within 180 days after the USCIS I-140 employment-based immigration to submit an application, or a work permit will lapse. Labor Certification I-140 stage is the application of important employment-based immigration documents, if the file is invalid will not make employment-based immigration applications.
Under the new regulations, in employment-based immigration applications, labor certification beneficiaries and employers can not be replaced. The new regulations also require labor certification process costs incurred, including legal fees, must be paid by the employer, not the employees pay.
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