Representation For Businesses And Workers Navigating The Visa System
The great majority of immigrants to the U.S. are issued permanent residency either as family-based or employment-based beneficiaries of immigrant petitions from sponsors. This reality is why businesses across Florida and the US are deeply interested in how immigration is changing as we move forward.
If you are a business, you want a steady, experienced immigration lawyer working for you. Attorney Mark Citrin has the employment immigration answers you need.
An In-Depth Look At Employment-Based Immigration
In the employment arena, there exists employment-based immigrant categories for highly educated workers (including aliens of extraordinary ability) through unskilled workers. For the process to commence, the alien must be the beneficiary of an immigrant petition.
In the employment arena, a potential employer cannot file an immigrant petition on behalf of an alien until the Department of Labor certifies that no willing or able U.S. workers are being displaced by the alien’s employment. This is also known as “labor certification.” Certain occupations, which are deemed very important to our country, may be subject to a “national interest waiver” so no labor certification is required.
Assuming the occupation is not subject to a “national interest waiver,” the sponsoring employer must offer the “prevailing wage rate” for the offered job (it cannot be less, but it can me more), and the Labor Department will issue a job order requiring the potential employer to “recruit” for a U.S. worker.
This entails the publishing of a specific advertisement in a local newspaper of general circulation for three consecutive Sundays, the posting of a job notice at the employer’s place of business, and the interview of all qualified job applicants. If a qualified U.S. worker seeks employment, the labor certification will likely be denied.
If no qualified, willing and able U.S. worker seeks employment, the Labor Department will likely certify the position. The potential employer will then have to file an immigrant petition on the alien’s behalf.
We Understand The Intricate Nature Of The Law
There are many technicalities that could affect these cases, and it is always best to be represented by an experienced, diligent attorney. The law office of Mark Citrin, P.A., has decades of successful experience in employment-based immigration cases.