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How to obtain a Green Card by Employer Sponsored Labor Certification: There are 3 steps to obtaining a Green Card through Employer Sponsored Labor Certification.
A. An employer filing a permanent labor certification application may ask for a waiver or reduction of the full recruitment provisions of Federal regulations by filing a written request with the State Employment Security Agency (SESA). A RIR can be granted for any occupation, except those listed on Schedule B. The employer must prove that an adequate test of the labor market was made at prevailing wages and working conditions through sources normal to the occupation and industry within the six-month period preceding the filing of the application with the SESA. The Department of Labor encourages RIRs in cases where there is little or no availability of U.S. workers; no restrictive requirements; and the employer is offering prevailing wages. RIR requests are given expedited processing by SESAs and ETA Regional Offices. Q. How Much Prior Recruitment is Required for a RIR? A. A primary consideration in deciding whether an RIR will be approved is the adequacy of the employer's recruitment. What is considered adequate recruitment will be different depending upon the occupation. If the occupation is one for which there is a record of little or no availability of U.S. workers, adequate recruitment will be minimal, perhaps as little one advertisement in a major newspaper in the six months prior to filing the labor certification application with the SESA. If the occupation is not one for which there is documented unavailability, the employer must prove that repeated & continuing efforts to fill the position were unsuccessful. This showing is sometimes called a pattern of recruitment. Q. May Internet Advertisements Be Substituted for Print Advertisements in a RIR Case? A. Under current regulations, Internet advertisements may not be substituted for print advertisements in a RIR case. However, Internet advertisements may add to an employer's showing of a pattern of recruitment. Q. Where is the Appropriate Place To File a Labor Certification Application Involving an Alien Beneficiary Who Will Be Employed at Various Unanticipated Work Sites? A. Applications involving job opportunities that require the alien to work in several locations throughout the U.S. should be filed with the State Employment Service office having jurisdiction over the area in which the employer's main or headquarters office is located. In Item 7 of Form ETA 750, Part A (address where alien will work), the employer should indicate that the alien will be working at various unanticipated locations throughout the U.S. Q. Can an Alien Beneficiary Be Substituted on an Approved Labor Certification? A. An employer may request substitution of the alien beneficiary on an approved labor certification application. The employer may initiate the substitution process by filing Form I-140 (visa petition) on behalf of the alien to be substituted with the appropriate INS Service Center and paying the required fee. The substituted alien must have met all of the minimum education, training or experience requirements stated on Part A of the original ETA 750 as of the time the original labor certification application was submitted to the State Employment Service office. The petitioner must submit documentation that the substituted alien meets the requirements on the original labor certification application as of the original filing date. An alien beneficiary may also be substituted before a labor certification determination is made. Q. What is the Procedure for Obtaining a Duplicate Copy of an Approved Labor Certification Application? A. Employers must ask the Immigration Service or Department of State to submit a written request to the ETA Regional Office for a duplicate copy of an approved labor certification application. ETA will mail the duplicate copy to the requesting agency and not to the employer. Q. Can a Permanent Labor Certification Application Be Amended After Labor Certification is Granted? A. An approved labor certification application can be amended under limited circumstances. ETA will amend the employer information on approved labor certifications to correct an error made by ETA. All other post-certification amendments, such as a change in employer's name and/or address, must be submitted to the U.S. Immigration and Naturalization Service (INS) when a Form I-140 visa petition is filed. Items pertaining to the employer's job requirements or any other item relating to the test of the labor market for U.S. workers, such as the rate of pay, cannot be amended. Similarly, post-certification amendments to the alien's Statement of Qualifications (Form ETA 750, Part B) cannot be approved. Q. Can a Permanent Labor Certification Application Be Amended Before a Final Action is Taken? A. ETA will amend employer information on a permanent labor certification application at any time prior to final adjudication of the application. How we can help you obtain a Green Card by Employer Sponsored Labor Certification? To request a retainer agreement, complete the complete the following form. There is no obligation to requesting a retainer agreement. |
