In the process of helping customers apply for PERM labor certificate for many years, we found that many customers, including human resources managers of large companies, have many misunderstandings about applying for PERM labor certificates.
For applicants who are engaged in professions such as doctors, accountants, lawyers, engineers, etc., PERM labor certificates are still the way for most people to obtain green cards.
Today I will give you a few explanations, hoping to provide clearer guidance to applicants who apply for green cards through the PERM labor certificate.
The applicant for the PERM labor certificate referred to below is the employer; the beneficiary of the application is a foreign employee.
01
If I-140 is submitted while waiting for schedule, the employer company is acquired?
This type of situation is an extremely special situation, but it is also becoming more and more common. When this happens, it is necessary to establish an accurate successor interest, namely Successor in Interest, to ensure that your visa is not affected.
Three conditions for successor interests:
new employer (successor) must fully grasp the operating interests of the original employer
Your work skills and requirements in the new employer, the same as or does not have a big difference as the original employer
new employer must have the financial strength to pay your salary of the same level
When such special circumstances occur, it is recommended that the applicant contact the lawyer in time to obtain targeted legal opinions.
02
PERM labor certificate application must be supported by the current employer of the beneficiary?
Although most labor certificate applications are supported by the current employer, the current employer's support is not a legal requirement for labor certificate applications. The beneficiary can work for Employer A, but employer B supports the application for a labor certificate.
Labor Certificate is for the future position of the beneficiary, so whether the beneficiary works at the labor certificate applicant will not have any impact on the application of the labor certificate. If bilingual is required in the application for the labor certificate, will it be helpful to the application? The position requirements for the
Labor Certificate must be the most basic requirement for the performance of the position. Any requirement that exceeds industry customs and standards will lead to audits or even rejections.
Therefore, if is not the skills that must be required to perform the position, it is best not to require bilingualism.
04
Can an employer apply for a labor certificate for one employee?
Ministry of Labor 's electronic submission system is always being updated. A few years ago, if an employer submitted multiple labor certificates for an employee, the system would automatically reject all applications; sometimes, the employer would choose to keep one application and withdraw the others.
After our long-term experience in submitting labor certificates for multiple companies, we found that this electronic delivery system can now accept multiple labor certificate applications supported by one employer for one employee.
From this we can see that A lawyer who has rich experience and spends a lot of energy to tailor the labor certificate application program for applicants and beneficiaries plays a decisive role in the approval of the application. The preparation process for
Labor certificate is very complicated, and its policy changes are happening all the time, and they still happen quietly. Experienced lawyers can not only help applicants retain talents, but also allow beneficiaries to minimize the period of obtaining green cards as permitted by policies.
