Podcasts about labor certification

The National Interest Waiver (NIW) is a type of employment-based immigration option that allows certain professionals, including nurses, to apply for a green card without needing a job offer or Labor Certification. To qualify for an NIW as a nurse, you must demonstrate that your work is in the national interest of the U.S.  We have serviced over 150 nationalities and will assist you or your company with your immigration needs. 

A version of this essay was published by deccanherald.com at https://www.deccanherald.com//opinion/border-closing-the-trumpian-shift-is-here-3279841I am starting, by invitation, a new monthly column ‘Abroad at Home' in print at the Deccan Herald newspaper. The podcast above is AI-generated by Google NotebookLM. Illegal immigration is now a core concern in many western countries, and was one of the factors that propelled Donald Trump to his thumping victory in the US Presidential election. True to form, Trump announced on Monday that he would appoint Tom Homan, a strong proponent of leak-proof borders, as his ‘border czar'. Then there's Stephen Miller, designated deputy Chief of Staff, a known hawk about both legal and illegal immigration. The two of them defended things like family separation, including in a Congressional hearing. Trump has vowed to deport illegal aliens on an unprecedented scale, hire thousands of border agents, and even invoke the Alien Enemies Act of 1798 against drug cartels and criminal gangs to expel them without a court hearing. Especially after recurring episodes of rioting, arson and loot in European capitals, and pro-Palestine protests in the recent past, this may be popular among the US public considering that some 11 million illegal migrants simply walked into the US under Biden. There is another group, though: legal immigrants who have been in limbo for years, sometimes decades, in the bowels of the immigration system. As is well known, a lot of them are Indian-origin people, especially engineers, who went to the US on H1-B work visas. In earlier times (before the 1999 Y2k scare, that is), there were fewer Indians in the US: most of them, like me, had come on student visas, and opted to stay on to work. Within a year or two, we went through a process called Labor Certification which in effect said that we were not displacing a US citizen of equivalent qualifications, and then we got a Green Card. The catch is that there is a limit to the number of Green Cards (675,000 a year) of which 140,000 are for the employment-related category. In 1990, with a new Immigration Act, a per-country cap of 7% was imposed, which means that just 9,800 work-related Green Cards are available per year per country, including India. There are also sub-categories, such as ‘persons of extraordinary merit', those with advanced degrees and abilities, ‘skilled workers', ‘professional workers', and religious workers, so it does get quite complicated.The net result is that post-1990 Indian immigrants now face very long waits, some say as much as 100 years. Meanwhile, applicants from other countries with shorter waiting lists are able to become permanent residents much quicker. This leads to, I am sorry to say, a sort of indentured labor for Indians on H-1B visas. In a modern twist on the old system where the British took hundreds of thousands of Indians to places like the West Indies and East Africa, today they are in trisanku mode where they have no clarity when, and if, they will get permanent residency. The conditions on their visas sometimes prevent them from changing employers so that they are, in effect, stuck. A friend's son in Silicon Valley exemplifies this problem. He has been awaiting his Green Card for thirteen years, and he is now wondering if he will have to go for Plan B: which is to have his 10 year-old US-born, and thus citizen, son sponsor him when he becomes an adult!Alas, that avenue may close, because there is speculation that the Trump administration wants to do away with the ‘birthright-citizenship' clause, because, among other things, it is leading to ‘birth-tourism' with heavily pregnant foreigners coming to the US just to deliver their babies. The 14th Amendment, 1868, makes any child born in the US eligible for citizenship. There is the possibility that a rider will be attached to this: that only the children of citizens, or of Green Card holders, will be thus eligible.On the other hand, Trump might make a distinction between two types of immigrants – let us call them ‘desirable' and ‘undesirable' – and make exceptions for the former. They are net contributors to the US economy (an Economist study suggests that certain nationalities of immigrants are such); others are a net burden on the State. Indian-Americans, who are the best-educated and highest-earning of all ethnic communities in the US, could fairly claim to be in the former category. Indians are also founders of the largest number of unicorns in the US.On the other hand, if life becomes difficult for them, they may start a ‘reverse brain-drain' back to India. That would not be, all things considered, such a bad thing either. India should make them welcome, as Taiwan did with astonishing results, such as pre-eminence in chipmaking. 775 words, 12 Nov 2024 This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit rajeevsrinivasan.substack.com/subscribe

The importance of timing when filing nonimmigrant extensions (i.e. H1B) and when the Labor Certification (i.e. green card) should be started. Examples discussed include government processing times, company layoffs, and change of employers.

Beginning of the year planning, such as retention of records for H1B petitions (Public Access Files) and Labor Certification cases (Compliance Files) are discussed by Murthy Law Firm Attorneys.

sfbatraining.com FROM F1 to H1B TO GREEN CARD Once the F1 student has changed his or her status to that of H1B, he or she may wish to adjust his or her status to that of lawful permanent resident, or green card holder. A green card can be obtained by sponsorship by the H1B visa holder’s employer, or another one. If the person wishes to apply for the green card, and the employer is willing to sponsor him or her, he or she should apply for the Labor Certification with the Department of Labor as soon as possible. ~ Green Card processing through Labor Certification can take up to a few years to process. ~ Reduction in Recruitment (“RIR”) is a process that can theoretically speed this process up; however, the reality since 9/11 is that the BCIS is approving less and less applications for RIR. RIR is a process wherein Labor Certification can be obtained if the employer has conducted a good faith effort to recruit United States workers for a period of six months prior to the filing of a labor certification and failed to find a qualified United States worker. The Department of Labor may rely on the employer’s efforts to forego recruitment under its supervision. The Department of Labor provides a four-prong test for establishing a good RIR case. ~ If the employer can show that the job offered is in one of those occupations for which there is little or no availability of qualified United States workers, ~ there are no restrictive requirements, ~ that they meet the prevailing wage and ~ that the employer has shown adequate recruitment through sources normal to the occupation and industry within the previous six months, then the Department of Labor may approve the RIR. If the RIR fails to be approved, as is becoming more frequent, the case does not fail. The case merely falls back in place and treated as any other case, thus taking years to complete. For this reason, it is prudent on the part of the H1-B visa holder to apply for the green card as early as possible. Once the employer has received an approved Labor Certification, the employer may apply to the BCIS with the form I-140. The alien’s spouse and children may be included in the petition. Processing time at this stage can take three to eight months. Once the I-140 is approved, the next step is for the alien to apply for Adjustment of Status. Once application is made for Adjustment of Status, the alien and his or her spouse and children will receive work authorization within 90 days. The alien will have an interview for the green card within six months to three years. Once the interview is successfully completed, the alien and his or her family will receive their green cards and become lawful permanent residents of the United States.

Have you ever thought that you may qualify for Labor Certification even though you may have entered and overstayed your visa? This is for you, Liesten and learn about this interesting topic, in the voice of our Founder, Attorney Margaret W. Wong with over 40 years of experience! Enjoy!

What is a labor market test or labor certification and why is it important? What types of businesses use labor certifications? How does the labor certification process work? What do businesses have to do to show they should be allowed to sponsor a foreign worker for a green card? How much does it cost an employer to do a labor certification? How long does the labor certification process take?How frequently is this process used? What are some of the problems or critiques of the labor certification process?Guest: Michael Bailey, Immigration Attorney, Ogletree, Deakins, Nash, Smoak & Stewart, P.C

The proposed new H1B Regulations regarding specialty occupation, employer-employee relationship, and increased vetting of employers who employ H1B workers are discussed in this podcast, recorded following the 2020 election in November. Murthy Law Firm attorneys also discuss the Interim Final Rule on higher Department of Labor Prevailing Wages, which effect H1B Labor Condition Application wages and Labor Certification wages for green cards.

In this episode we consider the immigration impact that layoffs will have for any company currently processing or planning to process PERM Labor Certification based Green Card applications for employees. It is critical to understand these implications and to take these into account whenever a company plans to terminate employees. This topic is especially pertinent at times of economic distress such as that experienced during the COVID-19 pandemic.

Labor Certification process in a nutshell: The EB2 Visa (or EB2 Green Card) – Employment-Based “Exceptional” Ability or Advanced Degree Permanent Residence (Second Preference). The EB3 Visa is a permanent residence US visa/Green Card for “Skilled, Professional, or Other Workers.” There are three routes to qualification:Establishing the Prevailing WageThe Labor Certification ProcessJob Requirements and Supporting EvidenceCertificationsStandard Vocation Preparation (SVP) RatingFiling the Labor Certification form DS989 and the I -140Priority Dates and the BacklogPutting it all TogetherRead the Full Article

With so many options available for immigrants to utilize, how do they know which visa to apply for? Once an option is chosen, new questions are opened up. It can be a confusing process, and knowing where to turn can go a long way towards ensuring a successful visa application. Kaushik Ranchod has been an immigration lawyer for his entire career. After starting out as a consultant in the dot com era, Kaushik started his own practice by himself and has grown the company into an organization with a whole team of employees and lawyers. This week Kaushik sits down again with John Corcoran to go over the basics of the different types of visas, as well as some frequently asked questions which immigrants have when beginning the process. Here’s a glimpse of what you’ll learn:  [1:40] Common questions about visas, and the basic differences between work visas [4:15] The increased difficulty of immigration in the current political climate [6:50] How long is an H1B visa good for [7:42] When to apply for the visas [9:30] Can an immigrant file on their own? Resources Mentioned in this episode Ranchod Law Group Free e-book   

Permanent Labor Certification Green Card process is a great opportunity for immigrants to use their skills and experience to increase their chances of successfully immigrating to the United States. Candidates with qualifying educational and professional experience can be paired with employers who need to fill important positions in specialized fields such as medical, accounting and other skilled professions. So where can the future citizens of America turn to for these important questions? Kaushik Ranchod is an immigrant attorney for employers and families. He specializes in many processes of immigration  including Labor Certification, Employment and Family Based Green Card Petitions, Health Care Visas, and many more. This week Kaushik sits down with John Corcoran to discuss this process, and how companies can find qualified talent from immigrants. Here’s a glimpse of what you’ll learn:  [1:41] How does the green card process work for immigrants with college-level education? [2:58] The different tracks immigrants take depending on their level of education and experience [4:15] The possible time frames which the process can take, and why having experienced help is necessary [6:28] Visa processes for those in the medical professions, and the need for more medical professionals in rural areas of the USA [9:05] The green card process for those with specialized knowledge  [11:01] How employers turn to immigrants to fill much-needed positions Resources Mentioned in this episode Ranchod Law Group Free e-book 

How to get a Green Card through an employer? 00:04 The first step in the process of getting a green card through an employer is actually have the employer commit to giving you that job.   00:18 The first step in the process is going to be, we called his perm, PERM Labor Certification, the Labor Certification.  And the Labor Certification process involves essentially an employer filing a petition with the Labor Department and several other things with the Labor Department proving that there are no U.S. citizen workers that are qualified to do this job. 1:18  The reason is because not only that employer has to sign the forms, be involved in all the recruitment process and everything else that we're going to describe, but also they have to be paying most of the fees that are involved in the process, including the lawyer fees   2:31 Once we have a certified labor certification, after we went through all the hoops of advertising and doing whatever is required, the employer with that certified labor certification, they can go ahead and proceed to filing the immigrant petition.   3:25 Employer will provide financial documents, pay stubs, tax returns and if all those are met then the I140 will be approved.   4:24 Typically when you do file the I140 or the 45 immigration may request more evidence and if that's the case you have to respond and hopefully the case will be approved, but that's in general the process to file a green card through an employer.   5:16 If the applicant is married, typically we advise to file the application for the spouse at the same time where when you file your own adjustment of status application, because if the green card is already approved for that employee and they are married and they failed to file for their spouse, they'll have to file for their spouse separately.  

This episode of La Voz Del Inmigrante focuses on Labor Certification and Provisional Waivers.Henry Lim, an Orlando Immigration Attorney, can help you with all of your USA immigration and citizenship law questions regarding a work visa, family based immigration, visitor visas, E-2 Visa & E-1 Visa, L-1 Visa, H1B Visa, F-1 Student Visa, and more. Contact Lim Law, at (407)-897-8870 to schedule an appointment. Proudly serving Orlando, Kissimmee, and all of Central Florida. Our first consultation is complimentary.

Henry Lim is an immigration attorney practicing law in Orlando, Florida. In his 19 years of practice, he has helped more than 10,000 families move to the United States.Topics include Removal of conditions on green card, TPS for Nicaragua, Cuban immigration issues, Labor Certification, and L-1 visas

With a LABOR CERTIFICATION you may offer a position to a worker from any country and bring him/her to the US to work for you.

The September 2, 2015 teleconference focuses on good faith recruitment of U.S. workers during the PERM labor certification process. In the PERM process, employers are required to make sure that there are not sufficient U.S. workers who are able, willing, qualified, and available for the work to be undertaken. Attorneys at the Murthy Law Firm discuss the recruitment process and focus on current U.S. Department of Labor trends regarding recruitment, specifically issues raised in audit requests.

The April 1, 2015 teleconference in our series designed for employers and their representatives discusses the hidden perils of the PERM labor certification process as it relates to the completion of the ETA 9089 form. Murthy Law Firm attorneys explain some of the issues commonly encountered by employers when preparing the form, and offer tips for the successful completion of the ETA 9089 labor certification application, including being prepared for an audit.

This broadcast will answer some additional questions and important issues for everybody preparing to file a PERM Labor Certification case with the U.S. Department of Labor. Attorney Sheela Murthy will discuss such important concepts as “minimum requirements” and how to identify whether a Labor Certification case will be EB2 or EB3. Yet Attorney Murthy will not leave listeners when she finishes talking about these critical points because she will also share some information about such PERM-related matters as Audits and Business Necessity. Listeners to this session will likely also enjoy hearing Attorney Murthy in the related recording on Basics of PERM Labor Certification cases.

You will learn, in a few brief minutes, about what to do if your PERM Labor Certification case is denied. What is reconsideration? What is review? Two Murthy Law Firm attorneys experienced with Labor Certification cases will discuss basic legal principles you must confront when challenging a denial. However, in this recording, you will also hear that all may not be lost when new problems are first discovered on denial of the PERM case.

This recording provides a general overview of immigrant petitions in the EB-1 Extraordinary Ability (EA), Outstanding Professor and Researcher (OPR) and EB-2 National Interest Waiver (NIW) categories. We describe the process involved and the eligibility criteria used with regard to each of these types of petitions. As these types of petitions do not require a Labor Certification process with the Department of Labor, they may serve as a viable option in those cases where the filing of a Labor Certification Application is not possible or desired and the beneficiary meets the other eligibility requirements.