During the years we helped our clients apply for PERM labor certificate , we found that many clients, 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.
What should I do if I-140 is submitted while waiting for scheduled time and 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. The three conditions for the interests of successors are met:
1) The new employer (successor) must fully grasp the operating interests of the original employer;
2) Your work skills and requirements in the new employer are the same or not very different from the original employer;
3) The new employer must have the financial strength to pay you the same level of salary.
When such special circumstances occur, it is recommended that the applicant contact the lawyer in time to obtain targeted legal opinions. Does the application for a
PERM labor certificate must be supported by the current employer of the beneficiary?
Although most labor certificate applications are supported by the current employer, the support of the current employer is not a legal requirement for the labor certificate application. 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 a labor certificate, will it be helpful for the application?
The job requirements for the labor certificate must be the most basic requirements 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 a skill that must be required to perform the position, it is best not to require bilingualism.
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 with 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 certificates is very complicated, and its policy changes are happening all the time, and they are still happening 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.
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