May 27, 2011 by Bradley Maged.

In most cases the first step to obtaining permanent residence through employment is labor certification.  This is where the employer tests the labor market to ensure that there are insufficient able, willing , qualified and available U.S. workers to perform the job for which a foreign national is being sponsored.

The first step to obtaining labor certification is to request a Prevailing Wage from the DOL.  There is no limitation to the number of Prevailing Wage Requests (PWR) that can be filed.  Therefore, it is possible to file the identical PWR and obtain different Prevailing Wage Determinations (PWD).  This is especially true if everything remains the same except that primary minimum requirements for the position are stated in the PWR form in one submission and alternative acceptable requirements are stated in a separate submission.

In a recent case, the Board of Alien Labor Certification Appeals (BALCA) held that where there have been two PWDs, the higher of the two wages must be used to support the PERM application.  (Matter of Take Solutions, Inc., 2010-PER-00907, 4/28/2011).  Although the Certifying Officer denied the application because the employer’s lower wage submission used the alternative requirements rather than the primary requirements, BALCA disagreed with its reasoning stating that “an employer can easily manipulate which job requirements are ‘primary’ or ‘alternative’.”  It simply concluded that the higher wage must be used so as not to adversely affect the wages and working conditions of US workers and so that the job opportunity would be open to the “broadest possible, minimally qualified applicant pool”.

BALCA noted that an employer has the option of appealing a PWD with which it disagrees but in the case at hand, the employer declined to do so.

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com and check out our page and become our fan on Facebook!

Posted in Uncategorized | Print | 1 Comment »

May 25, 2011 by Bradley Maged.

The White House Blog addressed the topic of  immigration reform.  Is this a genuine attempt to bring a plan to Congress or a pre-election appeal for the Hispanic vote?  It’s hard to say for sure - probably a little of both.

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com and check out our page and become our fan on Facebook!

Posted in Uncategorized | Print | No Comments »

May 25, 2011 by Bradley Maged.

According to a USCIS News Release:  “U.S. Citizenship and Immigration Services (USCIS) today proposed significant enhancements to the administration of the USCIS Immigrant Investor Program, commonly referred to as the EB-5 Program—transforming the intake and review process for immigrant investors as part of the Obama administration’s continued commitment to improve the legal immigration system and meet our economic and national security needs for the 21st century.”

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com and check out our page and become our fan on Facebook!

Posted in Uncategorized | Print | No Comments »

May 24, 2011 by Bradley Maged.

According to the USCIS, as of May 20, 2011, the agency has received 12,300 out of 65,000 available cap-subject H-1B petitions for FY-2012 and 8,500 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com and check out our page and become our fan on Facebook!

Posted in Uncategorized | Print | 1 Comment »

May 24, 2011 by Bradley Maged.

The Visa Bulletin for June 2011 is now available.

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com and check out our page and become our fan on Facebook!

Posted in Uncategorized | Print | No Comments »