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Showing posts with label employer. Show all posts
Showing posts with label employer. Show all posts

Friday, October 22, 2010

Porting to New Employer -- Case with First Employer Must be Approved

     Immigration recently published a case which affects foreign nationals who wish to become residents based on employment.  There are two parts to such a case:  the employer's petition and the foreign national's application for residency.
     The law says that a petition filed by an employer remains "valid" if over 180 days pass from the date the application for residency is filed.  It is not uncommon that Immigration takes more than 180 days to process a foreign national's application for residency. 
     In the past, foreign nationals were pleased with this law because many interpreted it to mean that they could change employers and "port" to a new job if Immigration did not decide the case within 180 days.
    Not so. 
    In this new case, Al Wazzan, Immigration has decided that in order for the foreign national to obtain residency, the first employer's petition must be approved.  This is a terrible decision because years after a foreign national no longer works with the first employer, the first employer may decide to withdraw the petition, sell or close the business.  If this happens, according to the new case, the foreign national will not obtain residency.

Thursday, May 6, 2010

When Good Fences Don't Make Good Neighbors

     At least one thousand persons cross the Mexican-U.S. border each day without authorization (click here for story). Anti-immigration proponents have a uniform proposed solution to illegal immigration:  enhanced border security.  Contrary to what might at first appear to be common sense, higher fences and more border guards will NOT decrease the tide of illegals.  The following facts -- released by the American Immigration Lawyers Association -- explain why:
     FACT: Increased border security and the construction of border fences have done little to curb the flow of immigrants across the United States border. Instead, these policies have only succeeded in pushing border crossers into dangerous and less-patrolled regions, and increased the undocumented population by creating an incentive for immigrants not to leave.
     FACT: Building a wall along the entire 2000-mile southern U.S. border would be prohibitively expensive. According to a study by the Cato Institute, rather than acting as a deterrent to those attempting to cross the border, increased enforcement has only succeeded in pushing immigration flows into more remote, less patrolled regions, resulting in a tripling of the death rate at the border and decreased apprehensions, and creating a dramatic increase in taxpayer money spent on making arrests along the border (from $300 per arrest in 1992 to $1,200 per arrest in 2002).
     FACT: Most experts agree that the decline in the number of unauthorized immigrants is closely linked to the US recession and not to border security programs. Studies have found that historically, recessions affect unauthorized workers disproportionately, as they are more likely to work in industries that are sensitive to business cycles, such as construction, manufacturing, and hospitality. Additionally, statistics show that in 2009, there were 50% less apprehensions at the border than in 2006, a sign that there is less incentive for people to come to the US during recession.
     In conclusion, the best way to keep illegal immigration at bay is to enforce the existing laws on employers of unauthorized workers.

Tuesday, April 20, 2010

Labor Certification -- what it is and what it is not

     Labor Certification is the first step in a long process for a foreigner to obtain legal permanent residency based on employment. The employer submits information to the Department of Labor (DOL). Through labor certification, the DOL verifies that there are not sufficient U.S. workers available and that employment by a foreigner will not adversely affect the wages or working conditions of U.S. workers. Once an employer has a Labor Certification for a job opening, the employer can petition a foreign worker with Citizenship and Immigration Services.
     Labor Certification does not give the foreign employee any status in the United States. It does not give work authorization or permission to travel abroad. Fortunately, some jobs do not require a Labor Certification process at all. For example, foreigners with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers do not need the certification of the Department of Labor.
     The Labor Certification process affects whether and when a foreigner will be able to apply for residency. Although a Labor Certification for someone with only a bachelor’s degree level of education and experience might be approved, it would be wise to obtain a different kind of certification. At that level of education, the foreigner may not obtain residency for many years because visas are not available for persons with only a bachelor’s degree. In order to make sure that the Labor Certification is not only approved, but also approved in a way that will enable the foreigner to obtain legal permanent residency as soon as possible, please contact a professional immigration specialist.

Monday, November 23, 2009

Why is the Dept. of Labor unhappy?

     "Do your homework."
     "I can't."
     "Just try your best."
     "But," arms folded while looking at scratched notepaper, "I just can'tttttttt."
     "But you're not trying!"
     In a nutshell, that's the fruitless conversation between the Dept. of Labor ["DOL"] and employers who petition foreigners through the labor certification process.  The employers -- after advertising for qualified candidates -- state they cannot find U.S. workers and the DOL responds with great disbelief.
     This disbelief is shocking considering that the DOL specifies what the job offer must say (the requirements must be "normal" for the job) and how much the employer must pay (the prevailing wage).  At the end of the recruitment process, the DOL cannot accept that the employer denied U.S. workers correctly.  More and more often, the DOL audits the employer for documentary proof of recruitment results.  An audit is a years-long process.  While this insane conversation goes on, the job remains unfilled.  And a foreigner who could be working, buying a house and paying taxes to the U.S. economy waits ... and waits.

Friday, November 20, 2009

Recruitment by Employer for LC

     In order to obtain labor certification ("LC"), which is often needed to petition a foreign worker for residency, the employer must conduct minimum recruitment.   If the position is a professional one, the employer must post ads in two Sunday editions of a newspaper of general circulation as well as place the job offer in a state-wide job bank.
     The employer must also place the ad using three of the following ten methods:  employee referral program, employer's web site, job web site, radio/TV ads, on-campus recruiting, job fairs, trade/professional organizations, private employment firms, campus placement offices, and local/ethnic newspapers.
     The employer can petition for the foreigner only if she does not find a minimally-qualified U.S. worker through these recruitment methods.  If the Dept. of Labor doubts the authenticity of the recruitment efforts, it will conduct an audit before approving the LC. 
     Audit.  Oooh, that's a scary word.  More on that tomorrow.

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