UDAI V. SINGH, Attorney 2282 Birdie Lane, NW Duluth, GA 30096 Ph: 770-300-0894 Fax: 770-300-0893 udaisingh@compuserve.com www.mindspring.com/~singh/visas.html INFORMATION REQUEST FORM Dear Employer/Employee: Let's get down to serious work! Pursuant to your inquiry about filing procedure of Labor Certification Application (for immigrant visa through permanent employment in the USA). Please fill out full information requested in the enclosed Request Form and mail it to my office. You may use a separate sheet if needed. Also, if you don't understand the question, give information as best as you can. Thank you for your cooperation. Information About the Employer 1. Name: 2: Address: 3: Location of alien's work place (if different than employer's address): 4. Phone No: 5. Fax No: 6. Federal Income Tax I.D. No. (or IRS Tax #) 7. Social Security No. (if employer is individual): 8. Contact Person of Employer: 9. Date Employer Started the business: 10. Current No. of Employees: 11. Gross Annual Income (latest figures available): 12. Net Annual Income (latest figures available): page 1/5 Information About The Employment 1. Job Title: 2. Is job full-time or part-time: 3. Location of job-site: 4. Hours of work schedule: 5. Rate of pay: 6. Employment Benefits (other than salary): 7. Date of Intended Employment: From: To: 8. Job Duties (in detail, use/attach separate sheet, if needed): 9. Qualifications required for performing the job: (A) Educational Requirement: (B) Experience Requirement: (C) Special or Unique Requirement: Name and title of Supervisor: No. of other workers alien will supervise: Is this job permanent or temporary (please give details, if necessary): page2/5 Information About The Employee (Alien) 1. Name: 2. Current Address (if in US): 3. Foreign Address (i.e. permanent address abroad): 4. Phone No.: Wk: Hm: 5. Fax No.: 6. Birth-Date and Place (city and country): 7. Nationality/Citzenship: 8. Name of US Consulate abroad (where employee will apply for visa): 9. Social Security No.: 10. I-94 #: A #(immigration file #) 11. Last Date of Arrival in U.S.: 12. Current visa status: 13. Expiration date of current visa: Educational History:(use separate sheet if needed) A. (i) Name & Address of College/University( please give full address) (ii) Field of Study: (iii) Date of Study: From (MM/YY): To (MM/YY): (iv) What degree/certificate received: B. (i) Name & Address of College/University: (ii) Field of Study: (iii) Date of Study: From: To: (iv) What degree/certificate received: C. (i) Name & Address of College/University: (ii) Field of Study: (iii) Date of Study: From: To: page3/5 (iv) What degree/certificate received: Note: For details of additional education, please use separate sheet Employment History( at least for last 3 year) A. (i) Name & Address of Employer: (ii) Name/title of Job: (iii) Date Started: From (MM/YY): To: (MM/YY): (iv) Kind of Business: No. of hours per week: (v) Describe in detail the duties performed, including the use of tools, machines or equipment: B. (i) Name & Address of Employer: (ii) Name of Job: (iii) Date Started: From (MM/YY): To: (MM/YY): (iv) Kind of Business: No. of hours per week: (v) Describe in detail the duties performed, including the use of tools, machines or equipment: C. (i) Name & Address of Employer: (ii) Name of Job: (iii) Date Started: From (MM/YY): To: (MM/YY): (iv) Kind of Business: No. of hours per week: page4/5 (v) Describe in detail the duties performed, including the use of tools, machines or equipment: Note: For details of additional employment history, please use separate sheet Employee's Dependents: spouse and children ( use additional sheet for more information) Name 1: Current Address: Phone No.s: Social Security # Immigration status: Date of Birth: Place of Birth: Full Immigration History (if you are in US or were in US before) 1. Immigration status Form To 2. Immigration status Form To Congratulations! You have done it. It wasn't that bad, was it! Now! mail this to my office as soon as possible. I will call you when I receive to discuss any question you have. Thanks again! DOCUMENTS NEEDED 1. Letter size copies of all degrees, diplomas, certificates, and transcripts. 2. Copy of work experience letters: Must describe full address of employer, your job title, starting and ending dates of the employment,, detailed job description including computer skills and software used or other knowledge, techniques, equipments etc.; full name and job title of person signing the letter. 3. Copy of updated resume 4. Copy of all I-94, I-20, and all other visa/ immigration documents 5. Copy of biographical pages of the passport and visa pages. 6. Copy of Social security card 7. Passport and I-94 of your dependents - wife and children page5/5 PLEASE READ THIS SHEET. IT WILL ANSWER MOST OF YOUR QUESTIONS LABOR CERTIFICATION PROCEDURE - INFORMATION SHEET Labor Certification is a part of a process whereby the U.S. Immigration & Naturalization Service grants an employer permission to hire an alien in a permanent position with a company located in the United States. Three Federal agencies can become involved: the Department of Labor, the Immigration and Naturalization Service (Department of Justice), and the State Department. The Department of Labor may issue a labor certification advising the INS that a qualified U.S. worker is not available for a particular job opportunity (STEP 1). The Immigration and Naturalization Service then examines that document along with others and makes the final decision as to whether or not the alien may be hired (STEP 2 & 3). The State Department is involved when the alien is abroad. Three levels of governmental officials may become involved in a labor certification: 1) State Labor Certification Unit (located in the State Office of the Department of Jobs and Training) - This unit advises, informs, and monitors the application process, but does not make the final determination. When all steps have been completed (refer to process described below), this unit sends the documents to: 2) Regional Certifying Officer - This person evaluates the documents and issues either: (a) the Labor Certification; (b) a Notice of Findings; or (c) a denial. A Notice of Findings indicates problem areas the Certifying Officer has identified and instructions on how to cure the deficiency. Denial is accompanied by instructions for appeal. 3) National Office (located in Washington, D.C.) - Records case and certain information on each certification effort. Monitors the two previous levels for compliance. They also handle special situation, e.g., Professional Nurses, Physical Therapists, Aliens of Exceptional Ability in Science or Arts, Clergy, and Executive or Managerial Intracompany Transferees. I. INTRODUCTION. In applying for labor certification, employer is asserting the following main points: A. Employer has a bona fide need for an employee, and has not been able to find a qualified American citizen (or permanent resident alien) who is both willing and qualified to fill the position. B. Employer has a willing and qualified alien to fill the position. C. That this job opportunity pays the prevailing wage for the occupation and the position open to any qualified American citizen (or permanent resident alien). II. THE PROCESS A. PREPARING THE FORMS. Two typed copies of both Part A (Offer of Employment) and Part B (Statement of Qualifications of Alien) are submitted. Each copy of the Part A and Part B forms must contain original signatures and dates by emplyor and alien respectively. The completed application is mailed to the Labor Certification Unit. B. Determining the Prevailing Wage The Labor Certification Unit will do the local prevailing wage survey. The company may pay 5% below the prevailing wage. Should your wage offer not meet the prevailing wage, it must: 1) Be changed to conform to the determined prevailing wage; or 2) Information can be provided as to why the employer feels the wage determined is not realistic or fair. If you offer a salary below the prevailing wage, it is likely your application will be denied. If the Certifying Officer in the Regional Office upholds the wage survey, then you would probably have to repeat the entire recruitment process or abandon the effort. Doing a wage survey is very time consuming. Any assistance the employer can provide in terms of where to look for similarly employed people is appreciated. C. Revision of Forms (if necessary) Upon receiving the application forms, the Alien Labor Certification Unit will stamp them with a "priority date." After examining the application and accompanying documentation, they may ask you to revise the forms. Such revisions usually have to do with classifications of the job description or requirements and prevailing wage. There may also be technical changes needed for the application to meet federal regulations. D. The Recruitment Process. Unit gives Emplyer a written instructions for starting and coordinating the process. There are three recruitment procedures: (1) Job Bank Listing: This is done by the Alien Labor Certification Unit from the information on the application. It must remain on the Job Bank for at least 30 days after the date of the publication of the advertisement. (2) Internal Job Posting: A posting must be prominently displayed at the employer's place of business for ten consecutive business days. Those ten days should occur within the 30 days the job is listed on the Job Bank. The exact salary must be stated on the posting. Applicants should be instructed to submit a resume to the company official who would normally interview for that job. After the posting is down, be sure to note the date it was posted to submit with the recruitment results. (3a) Newspaper Advertisement: An ad must be placed in a newspaper of general circulation for 3 consecutive days including a Sunday. (3b) National Advertisement: For many professional, technical and managerial positions, a one-time national ad must be placed in a trade journal, newsletter, magazine, or other publication which would be likely to be seen by persons who are currently in or looking in that field of expertise. This ad, too, should conform to the requirements in (a) through (d) in (3a) above. SAVE tear sheets of the advertisements to submit with the recruitment results to provide proof of the publication and date of publication. The Recruitment Process ends thirty days after the first date of publication of the advertising. However, resumes must be received even after the recruitment period is over, and must be considered by the employer and responded to within 45 days of receipt. E. Results of Recruitment At the end of the thirty day recruitment period, Employer has 45 days to submit a report of the results of your recruitment. This report shall include: (1) The tear sheet(s) of the advertisement(s). (2) A copy of the internal posting with the dates it was posted. (3) A list of the applicants who responded, stating their names, addresses, and telephone numbers, the recruitment source from which they came, the lawful job-related reasons why they were rejected for the position, and the name and job title of the person who interviewed them. III. IMPORTANT ITEMS TO REMEMBER All forms should be typed. The LAST (or FAMILY) name should be typed in all capital letters. This enables the Certifying Officer to correctly list the name of the certification. Please do not use attached sheets unless absolutely necessary. The Immigration and Naturalization Services uses the application form itself. When you eventually apply to the INS for residence status, the information on the actual application will be used for determination. Most Certifications take over 18-24 months to complete. Rushing the process can lead to oversights and errors. This can result in denials or extended lengths of time to complete. Please be patient. After the approval of the Labor certification application, employer files I-140 with INS to show that aliens meets the qualifications required for the job and that employer can pay the alien's salary. Approval time is 12-14 weeks. ( Step 2). After the approval of I-140, the alien, if in US, files I-485 package to apply for lawful immigrant visa. This final step takes about 8-12 months depending on the location of alien's residence. ( Step 3 ). Use the enclosed checklist to record and track the progress of the labor certification procedure and subsequent steps to obtain the alien registration card. Before you call for status inquiry, please review your progress chart and call for inquiry only if there is unreasonable delay in the response from DOL or INS. CHECKLIST FOR LABOR CERTIFICATION CASE PROGRESS 1. _____ Filing of ETA 750 ( step 1) 2. _____ DOL Response to ETA filing/instructions to advertise 3. _____ Confirmation to DOL of advertisement date and journal 4. _____ Date of publication of advertisement 5. _____ Posting of Position Available Notice 6. _____ Receipt of resumes 7. _____ Response to resumes 8. _____ Post-recruitment letter 9. _____ Receipt of approval 10. _____ Filing of I-140 ( step 2 ) 11. _____ Approval of I-140 12. _____ Filing of I-485 ( step 3 ) 13. _____ Notice of Interview ( if not waived ) 14. _____ Approval of I-485 15. _____ Receipt of I-551 ( greencard)