Overview of US Immigration Law (Employment Based: Pre I-140)

Overview of US Immigration Law (Employment Based: Pre I-140)

 

 

All Forms : https://www.uscis.gov/

 

 

Employment Based (Pre I-140)

 

 

1. Sponsor Qualification (Analysis of Sponsor Qualification)

* Position 'x' : A, B, C (requirement qualifications)

(One). Go to Onet and roughly find the position and salary: you can figure out what the company's net income should be.

(Example: 1yr annual salary of $50,000 or more): In this case, if the company's net income is insufficient, there is a possibility of adjusting the company's tax amend as an option)

 

onet: https://www.onetonline.org/

 

 

(2). Check Tax Return (2 yrs)

- Customers may request to check the two-year tax return of the sponsor company.

- What if I ask you to see it in person? Pay the consultation fee and go in the direction you see the Law Firm.

 

 

 

2. Contract with Beneficiary Sponsor (Between Law firm & Sponsor)

* You must contract with Sponsor (Employer), not Beneficiary. We become Sponsor's lawyers. The subsequent process (Before I-140) must be done by check or credit card of the sponsor.

(Conditions: Non-Refundable - It must be so written in the contract)

 

 

 

 

 

3. Prevailing Wage Request (It takes about 4 month / Form 9141)

 

(One). Employer Company Legal Name: VA State Co. You must obtain good standing in the company's legal name from the Commission. (Low grade means a ghost company)

- Search '00-share corporation commission' on Google and search for it with Search Entity.

(2). Job Duty Search in Onet

(3). Career.com / Monster.com / Indeed.com

(4). You must apply for PW by mixing the job duties of (2) and (3) well. (Do not use the same)

 

(5). Request a Prevailing Wage (ETA 9141) from the Department of Labor

 

online wage library : http://www.flcdatacenter.com/oeswizardstart.aspx

 

United States Department Of Labor : https://icert.doleta.gov/

 

 

 

 

 

4. Determination Letter (From the Labor Department Office)

(1). You must have at least a certain amount of your base salary per year.

(2). Good until "date" also comes with it. By this date, the first advertising step of PERM (Program Electronic Review Management) must be entered. Usually 6 months.

 

 

 

5. PERM (Program Electronic Review Management)

: There is no problem in hiring this foreigner in the "Labor Office", and the procedure for obtaining approval

* The PERM 9089 form must be entered within the 180-day period of “last advertisement + 30 days from the beginning of the first advertisement”.

* All advertisements are valid for 30 days

* After the 3rd advertisement in Main, after the 30-day Waiting Period (30 days), the Recruitment Report (Prevailing Wage, Advertisement, Interview) must be submitted.

 

(One). Advertising (advertising expenses must remain at Employer's expense)

One). In case of unskilled workers

A. Job site (State work for Agency Website; there is an official job site website for each state) (for 30 days): You must have an Employer Account. (You must create an Employer Account at I-Cert ( ; one of the Labor Office website).

 

*Before the newspaper advertisement, you can put the job-order first, watch the status of applicants for 2 weeks, and submit the newspaper advertisement. Sunday newspaper advertisement for the remaining 2 weeks -> The fastest way to finish within 1 month

 

icert : https://icert.doleta.gov/

 

B. Written Advertisement x 2 (Sunday / Must be the largest newspaper in each region. Otherwise, it could be the reason to be denied) : Certificate Advertisement Docu. have to accept (Request the newspaper)

a. Contents : Legal Company Name & Job Position

b. Interview (usually 20 days after advertisement)

- Instead of looking at each of the applicants one by one, we gather all of them and watch the interview at once.

. Are you still interesting?

. Requirement

. Employer must be in person at the time of interview

. The date of the interview is set, but if the candidate requests a reschedule, it must be done.

 

 

2). If you are a skilled worker

 

 

 

 

After 30 days of all advertisements, submit a Recruitment Report (PERM 9089).

 

perm online : https://www.plc.doleta.gov/eta_start.cfm?actiontype=home&CFID=228870&CFTOKEN=10649310