First-Hand Experience, Trusted Results
business immigration service, business immigration attorney
Employment Based Green Cards
There are five categories of foreign national workers that may seek lawful permanent residence. The categories are referred to as “employment-based” classifications, or “EB.”
PERM Labor Certifications (EB-2, EB-3)
A foreign citizen seeking to establish lawful permanent residency through employment in the United States must be a beneficiary of an approved application for permanent employment certification. In order for the application to be approved, the prospective employer must test the labor market and determine whether the position can be provided to immediately available U.S. workers.
Companies based in the United States are required by law to employ only individuals who may legally work within the country, including U.S. citizens or foreign nationals who have necessary authorization. Encouraging a diverse workforce creates a vibrant and strong economy, but can also attract unauthorized employment.
The E-Verify system allows companies to determine the work eligibility of their employees — online. It is easy, fast, and free to use, and ensures employers hire a legal workforce.
LCA / Public Access File Compliance
The United States Department of Labor has certain regulations regarding the sponsorship and employment of an H-1B worker. This includes providing sufficient proof that working conditions and success of similarly employed workers will not be affected. The Labor Condition Application (LCA) is completed by employers before they file any petitions for H-1B approval. In addition, the USDOL requires employers to post the LCA in two conspicuous places in the location of employment for 10 consecutive working days.
An employer can also post a notice containing certain information from the LCA, including the occupational classification of workers being sought, the number of H-1B workers being sought, the wages to be paid, the period of employment, the locations in which the workers will be employed, and information on where complaints of misrepresentation and/or noncompliance can be made.
Ustun Law Group, PLLC
12700 Hillcrest Rd #125, Unit 126
Dallas, TX 75230
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.