Call today to schedule your immigration consultation 954-385-0157 or email: BAlvarado@Blandon-Law.com.

Blandon Law Immigration

Tuesday, March 2, 2010

Does the Foreign Employee Control the Company?

     Before an employer can hire a foreigner permanently, s/he must undergo the complicated labor certification process.  The employer must first obtain permission from the Dept. of Labor (sounds socialist to me, but that's for another blog) that no U.S. worker qualified for the position.
     Of course, the Dept. of Labor wants to know whether the job offer is a valid one or whether, in truth, there is no job available to U.S. workers. The DOL looks to certain facts to determine whether the employer wants to hire this particular foreigner or actually is opening a job to anyone who qualifies.  The DOL considers whether the foreigner:

1.  influences or controls the hiring process
2.  is on the Board of Directors or is involved with management
3.  incorporated or founded the company
4.  is one of a small number of employees
5.  is related to the managers or employees
6.  had an ownership interest in the company
7. has qualifications for the job that are identical to very unusual requirements the employer is seeking
8. is so inseparable from the employer that the company could not survive without the foreigner

     Ironically, employers will seldom spend years on the employment residency process unless the foreigner -- for one reason or another -- is important to them.

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954-385-0157 or email: blandonappts@aol.com