With few exceptions, the process for obtaining permanent residence based on employment is comprised of three phases:
the labor certification, the visa petition, and the application for permanent residence. This is only a brief overview of a rather detailed and complicated process. With the assistance of Dobrescu & Associates, however, the process should be fairly simple and straight forward for you. We will do everything possible to simplify your tasks and minimize the amount of time spent by employees at the company on this matter and we will provide expert assistance at every juncture.
I. LABOR CERTIFICATION
The first step involved in the process of sponsoring an employee for legal permanent residence is to obtain a labor certification from the Department of Labor. First, however, employers must obtain a Prevailing Wage Determination (PWD) from the Department of Labor and conduct recruitment for the open position. Once the prevailing wage is obtained, the employer must being recruiting for the position to prove that there are no US qualified workers able to perform the position. This includes placing a job order with the State’s Labor Department for thirty days, and advertising the position on two consecutive Sundays in a newspaper of general circulation in the area.
If the position is considered professional (ie requiring a College Degree), the employer must also select three additional recruitment steps which can range from postings on the employer’s website, a job search website, on campus recruiting, private employment firms, employee referral programs, job fairs, trade or professional journals, local or ethnic newspapers or radio or tv advertisement.
If no able, qualified, and willing U.S. workers, apply for the position, the employer is then able to submit an online labor certification with the Department of Labor.
II. THE VISA PETITION
Upon receiving an approved labor certification, our office next prepares the visa petition to the Department of Homeland Security. At this time, the employer must submit documentation establishing the company’s ability to pay the employee’s proffered wages in addition to evidence that the employee qualifies for the position. The employer must also provide a detailed letter verifying the alien’s employment with the company and the permanent job offer.
III. APPLICATION FOR PERMANENT RESIDENCE
The employer’s involvement at this stage is minimal. During this stage, we will assist the employee in gathering required documentation, such as birth certificates and marriage certificates, etc., to complete the employee as well as his spouse and children’s application for permanent residency. At the end of this step, the employee and family will be granted legal permanent residency in the United States.