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Question of Week
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Question: |
Can I apply for permanent residence through more than one method at a time?
Answer:
Yes, you can pursue permanent residence through the labor certification process and another process at the same time. The only restriction is that a person cannot have two I-485 applications to adjust status filed at any one time. Otherwise, it is perfectly acceptable to pursue different avenues simultaneously.
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News!!!
The state of Texas has announced that effective October 1, 2008, anyone who is not a U.S. Citizen or lawful permanent resident will need to provide proof of their lawful status in order to receive an original, renewed, or duplicate driver's license. Furthermore, a "Temporary Visitor" designation will be placed on licenses for those who are in the U.S. on non-immigrant visas, such as temporary employment-based visas. Those whose stay in the United States will be less than six months will not be eligible for a driver's license.
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Join Our List
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Weekly Newsletter |
October 31, 2008 |
Greetings!
Greetings:
Welcome back to Badmus Law Firm's newsletter focusing solely on issues affecting physicians. The topic of this week's Physicians' Newsletter is the labor certification process as the first step toward permanent residence. Read on for more information affecting physicians and medical employers.
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Do's and Don'ts |
Dos and Don'ts
DO ensure that your employer is willing to sponsor you for your permanent residence through the labor certification process.
DON'T attempt to pay for the labor certification in any manner. Employers are required to pay all costs and fees associated with the labor certification. An employee may not remit the funds back to the employer in any fashion. |
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SEEKING PERMANENT RESIDENCE THROUGH THE LABOR CERTIFICATION PROCESS
A company may sponsor an employee for permanent residence ("green card") by first filing a labor certification with the Dept. of Labor. This is a process wherein a company seeks permission to hire a non-U.S. worker because it cannot find a U.S. worker to fill the position. To do this, a company is required to test the labor market for a minimum of 60 days and a maximum of 180 days prior to filing the application. For a physician, the sponsoring company is required to do very specific types of recruitment. Some of the recruitment is the type one would expect, such as placing an ad on the company's website where positions are normally advertised. However, no one would expect a physician to look for a position in the local Sunday newspaper, but an ad placed in the Sunday newspaper is a requirement for the labor certification process. Once the period of recruitment has passed, if the company was unable to find any qualified workers to fill the position, then the application is filed online with the Dept. of Labor. If the company finds qualified applicants for the position that are ready, willing, and able to begin working for the company, then a labor certification cannot be filed at that time. Additionally, if the company has recently had a layoff in the area of intended employment, the labor certification may need to be delayed before it is filed. The Dept. of Labor prohibits the employee from paying any of the costs associated with the labor certification. This includes paying directly, reimbursing the company, foregoing a bonus, working without compensation for a period of time, or any other manner whereby an employee could be seen as paying for the labor certification. Because the regulations are so very specific about what types of recruitment are acceptable, the period of time allowed for the recruitment, and other nuances of the process, it is in a company's best interest to contact the attorneys at Badmus Law Firm to assist it through the process. With so much at stake in the process, it is imperative that the recruitment be conducted properly and the application filed accurately and timely.
For questions or assistance with a labor certification and the green card process, contact us at 469-916-7900 ext. 201 or email dawnmace@badmuslaw.com.
In next week's newsletter, we will discuss obtaining permanent residence through the EB1 category, aliens of extraordinary ability. Look for your newsletter next Friday!
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