법률사무소 세금과 법률 taxnlaw.co.kr

TAXNLAW.CO.KR [Korea, U.S.A. Attorney LEE, Jae Wook]

ID PW
[한국변호사, 미국변호사(연방법원, 일리노이주), 세무사 이재욱]
[유료상담료 안내] [무료상담안함. 아래 메뉴 유료 상담 및 수임료 안내 참조. 예약제 상담만 운영. 상담료는 최소 30분/30만원 단위로 계산합. 상담비용은 반드시 선납입니다]
[병역면제,국외여행허가,이중국적,병역법위반] -> [병역변제,국적포기,국적상실,영주권,시민권 종합상담서비스. 유료상담만 제공. 고가완결상담이므로 사전예약제만운영함, 소송위임시 사후무료]
[변호사손해배상청구 전문서비스](Shark Attorney) -> 부실소송을 한 변호사를 상대로 손해배상청구소송을 해드립니다.]
변호사 이재욱 저서 구매 사이트(TAX & LAW PRESS) -> 예스24 온라인판매
[국제거래,국제계약, 영문계약서] -> [ Korea Arbitrator LEE, jae wook Attorney at law(KOREA, U.S.A.)]
[학교폭력,학생폭력,학교폭력대책자치위원회 전문서비스] -> [학교폭력사건,학생피해사건]
[조세소송 전문서비스] -> [세무소송,조세심판,불복]
[이혼,상속, 재산분할 소송] -> 이혼소송,상속소송,재산분할소송]
[성범죄 가해자, 피해자를 위한 전문서비스] -> [성희롱,성폭력,형사소송,민사소송]
[한국인을 위한 미국이민] -> [ Immigration to U.S.A.]
[KOREA IMMIGRATION & INVESTMENT SERVICES IN KOREA] -> [ Korea Visa & Immigration, Investment, Sojourn for Foreigners]
[Service fee for the Foreigners] -> [Service fee for retainer or counseling]
[ENGLISH LANGUAGE SERVICE FOR FOREIGNERS]
ATTORNEY LEE, JAE WOOK'S OFFICE [ LICENSED TO PRACTICE IN KOREA, U.S.A., ILLINOIS ]
TAX, LAW, IMMIGRATION & INVESTMENT INTO KOREA AND U.S.A. SERVICES, ART DEALING SERVICES
[INVESTMENT, TAX, INCORPORATION, TRADE, CONTRACT, DISPUTE IN CORPORATION, LITIGATION & TRIAL IN COURTS AND TRIBUNALS, CRIMINAL TRIAL, GOVERNMENT TREATMENT, REFUGEE, VISA, RESIDENCE, CITIZENSHIP]

세금과 법률 [한국,미국 변호사 이재욱]

유료상담료 안내 (About Attorney)| 민사
행정
| 세무
조세
| 부동산| 병역법위반소송
기소중지
병역면제
국외여행허가
| KOREA
INVESTMENT
VISA
Immigration
| 이혼
성희롱
성폭력
전문강사
| 예술과
법률
| U.S.A.
VISA
IMMIGRATION
| 파산
회생
| OFFICE| U.S.A.
VISA
APPLICATION
| Refuge
Asylum
| 미국법|
미국 이민,비자,영주권
미국이민뉴스
PRACTITION TIP
USCIS AFM(DHS)
9 FAM VISAS(DOS)
PERM (Labor Certification)
Consular Process(DOS)
DACA, DAPA
VAWA
legal english
AAO불복
연방법원항소
Immigration Court 항소
BIA항소
ICE 이민집행
CBP 세관 및 입출국관리
Removal 추방
PT
PERM (Labor Certification)


LABOR CERTIFICATION - PERM PROCESSING
jae wook LEE  (Homepage)
2016-06-26 18:02:27, 조회 : 313, 추천 : 86
LABOR CERTIFICATION - PERM PROCESSING

General Information for Employment Based Permanent Residency

To be sponsored for a Labor Certification, the Employer must have a bona fide job offer, which it intends to offer to the Prospective Employee/Beneficiary on a “Permanent Basis”.  The position must set forth the regular and normal job requirements, and the Employer must agree to pay the prevailing wage for the position, upon final approval of the employee’s permanent residence in the USA. The Employer must also demonstrate that is has the necessary ability to pay the proffered salary.

The general purpose of this process is to demonstrate to the US Department of Labor whether there are qualified and available U.S. workers for the position in which the Labor Certification is being sought. If there are qualified and available workers that apply for the position, the certification will not be issued. With Cooper and Kolko, we divide processing into the following 5 steps:

STEP 1  Initial  Evaluation  and  Preparation  of  Labor  Work  Up  and  Job  Description, Determination and Approval of Prevailing Wage Determination with State DOL; General Preparation of Filing with Dept. of Labor.
The job description consists of the educational, work experience, special skills or other job requirements and training which are reasonably necessary and required by the Employer for the position. The Beneficiary/Employee must have the necessary education/experience/skills to perform the job.  (Except in very limited situations, any work experience required for the position cannot be obtained from actual prior work experience with the sponsoring Employer).

STEP 2Advertisement Preparation and Plan; Publication, Job Posting and Job Order

There are different requirements for advertising which depends upon whether the position is defined as “professional”. If the position is not professional, advertising must only be run on two Sundays in a newspaper of general circulation. If the position is professional, the advertising must be run on two Sundays in a newspaper of general circulation and in three (3) alternative sources. The advertising period is open for at least 30 days after the last advertisement has been published.

The Employer must also comply with certain job posting requirements (10 business days at work cite or union notification), and a Job Order must be placed with the State Employment Office.

STEP 3Recruitment Procedures and Applicant Evaluation, and Electronic Filing with PERM.

If applicants respond to any of the advertisements, they must be evaluated with respect to all of the qualifications required of the position.  Any applicants who may be qualified will then have to be interviewed (telephone or in person) by the employer to make the determination as to whether they are qualified and/or available to take the position.  If there are qualified applicants, the case will end at this point as certification is not possible.  If there are no qualified applicants for the position, the case may then be filed online via the PERM Electronic System. Most applications for Labor Certification will be completed in 45-90 days.  However, some cases may be audited by the Department of Labor to assure that complete and accurate information has been included in the submission. If an Audit requirement is issued by the Department of Labor, additional attorney fees may apply.

If the U.S. Department of Labor approves the Labor Certification, the employer may then file with the
U.S. Immigration Service an Immigrant Visa Petition on behalf of the Sponsored Employee.
IMMIGRANT VISA PETITION AND
ADJUSTMENT OF STATUS OR CONSULAR IMMIGRANT VISA PROCESSING

(IF THE “PRIORITY DATE” IS CURRENT, THE FOREIGN WORKER MAY BE ELIGIBLE TO FILE CONCURRENTLY FOR THE IMMIGRANT VISA (Step 4) AND ADJUSTMENT OF STATUS (Step 5)

STEP 4Immigrant Visa Petition with USCIS (Visa Approval)

Based upon the approval and issuance of the Labor Certification from the U.S. Department of Labor, the Employer may now file the Immigrant Visa Petition with the U.S. Immigration Service on behalf of the foreign worker. At this part of the process, the foreign worker must determine if they are going to file for Adjustment of Status in the United States, if eligible, or whether they are going to elect consular visa processing overseas.

In addition to properly completing and filing the Immigrant Visa Petition, two issues of particular concern at this stage of the process include:

A. Since the filing of the labor certification, the employer must demonstrate that it has had and continues to have the ongoing ability to pay the foreign worker the certified prevailing wage.  The employer will need to demonstrate this requirement by providing financial data and documents including tax returns, bank statements and/or other documentation to confirm the ability to pay.

B. The Immigration Service will also require proof that the foreign worker is qualified for the certified position.The foreign worker must demonstrate they have all the necessary education (degree and transcripts, credential evaluation) and work experience (prior employment verification letters) required for the certified position.

STEP 5Adjustment of Status OR Consular Immigrant Visa Processing (Visa Issuance)

Adjustment of Status involves filing individual Adjustment Applications with Immigration for each person in the family that is eligible to adjust status in the United States (spouse and children under
21).    Each person that applies for Adjustment of Status may also be eligible for temporary
Employment Authorization (Work Cards) and/or Advance Parole Visas (Travel Documents).

If Consular Processing is selected, once the Immigrant Visa Petition (Step 4) is approved, processing will then be forwarded from the Immigration Service through the National Visa Center, for eventual processing at the US Embassy in their home country.   The Beneficiary/Employee and family will then be scheduled for an Interview, final processing and issuance of the Immigrant Visa in their home country.

There are certain advantages and/or disadvantages for either type of processing at Step 5 which will be evaluated and discussed based upon the specific facts and circumstances of each case.

For all people this process, it is critical that all applicants and family members maintain their legal temporary non-immigrant status if present in the USA, and not work without proper authorization. In addition, the filing of a Labor Certification, may impact a persons ability to receive a non-immigrant visa to temporarily enter the United States. The Labor Certification and Immigrant Visa Process are very complicated and generally involve procedures which require competent legal advice.   Further, the filing of an Application for Labor Certification with the Department of Labor does not provide the Beneficiary any legal authorization to remain in the USA.  The Beneficiary must have and/or maintain their valid non-immigrant status until at least reaching Step 5.  This Memorandum is only intended as a general outline of this process and each case must be fully evaluated.  Legal Representation by Kolko & Associates, PC requires a written Fee Agreement.


2


http://taxnlaw.co.kr/

  추천하기   [HOME]  [bitly]  [반전해제]  목록보기

Copyright 1999-2019 Zeroboard / skin by zero
일부 항목은 회원가입후 login하셔야 글을 읽고 쓰실 수 있습니다.
본 site의 정보는 영리를 목적으로 제공하는 것이 아니며, 이곳에 등재된 모든 글은 "공개"된 대법원판례에 기한 것으로 실명과 무관합니다.

세금과 법률
세금과 법률, 부동산경매, 토지수용, 이민(TAX & LAW, REAL ESTATE, IMMIGRATION)
변호사 이재욱(한국, 미국)
우)06653
서울특별시 서초구 서초동 1589-5 센츄리1 오피스텔 412호
서울특별시 서초구 반포대로14길 30 (센츄리오피스텔) 412호.
Suite 412, Banpo-daero 14-gil 30, Seocho-gu, Seoul, Korea, 06653

email: jawala.lee@gmail.com
연락전화: +82-010-6350-1799 / 미국전화: +1-323-553-1799

세금과 법률, 부동산경매, 토지수용, 이민
(TAX & LAW, REAL ESTATE, IMMIGRATION)

TAX & LAW, ART DEALING, IMMIGRATION
ATTORNEY AT LAW(KOREA, USA, ILLINOIS)
KOREA CELL: +82-010-6350-1799 / U.S.A., CELL: +1-323-553-1799
email: jawala.lee@gmail.com
우)06653
Suite 412, Banpo-daero 14-gil 30, Seocho-gu, Seoul, Korea, 06653