Jakeman Law Questions/Answers
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As an employer, the type of petition process that you will go through will depend on whether you wish to hire an immigrant to work permanently or a nonimmigrant to work temporarily. Below is a general description of an employer’s petitioning process:
If you are looking into hiring an immigrant worker under the EB-1, EB-2, and EB-3 preferences, you will need to file Form I-140, Petition for Immigrant Worker. You do not need to obtain a “Labor Certification” (LC) for a worker under the EB-1 preference. But you will need to obtain an LC for a worker under the EB-2 or EB-3 preference.
You will obtain an LC from the Dept. of Labor (DOL). The LC verifies that there is an insufficient number of “available, qualified, and willing” U.S. workers for the position you offer. It also verifies that hiring the immigrant worker will not adversely affect the wages and working conditions of similarly-situated U.S. workers.
If you are looking into hiring a nonimmigrant worker under the H, O, L, or P visas (see earlier discussion on types of Nonimmigrant Worker Visas), you will need to file Form I-129, Petition for Nonimmigrant Worker. For this category, you will need to obtain a Certification of Labor Condition Application from the DOL. In this application, you will “attest” that, as an employer:
- You will pay a wage that is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area;
- You will provide working condition that will not adversely affect other similarly employed workers;
- You will attest that there is no strike or lockout at the place of business of the prospective temporary worker;
- You will give notice to the bargaining representative or post a notice at the place of business that a labor condition application has been filed with the DOL. (www.uscis.gov).