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Contact Us:
REDDY & NEUMANN, P.C.
1250 West Sam Houston
Parkway South,
Suite #180
Houston, TX 77042 Phone (713) 953-7787
Fax (713) 953-7797
E-mail: info@rnlawgroup.com
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The Goal: Retaining Long-Term Employees
- Employers have the option of sponsoring foreign employees for permanent residence (the green card). This will allow the employer to retain the employee on a long-term basis. The process for obtaining permanent residence based on employment is normally comprised of three phases: labor certification (PERM), visa petition (I-140), and the application for permanent residence. Our knowledgeable staff will help you through each part of the process.
- A labor certification is a certification made by the United States Department of Labor that a shortage of qualified U.S. workers exists to fill the position held by the sponsored foreign employee. This involves identifying and evaluating the sufficiency of the sponsoring company’s recent recruitment efforts including published advertisements, Internet ads, college recruitment, job fair participation, and employee referral bonuses, just to name a few. Should sufficient recruitment efforts exist, the case will be filed electronically through the DOL’s PERM system. If the employer's recent recruitment efforts are insufficient to comply with the regulations, we can guide the employer's future recruitment efforts in order to allow the employer to sponsor the employee. Please note that applying for a labor certification does not bind the employer legally. The employer remains free to dismiss the employee or to take other personnel action as it would with regard to any other employee. Also, the employer may withdraw the labor certification application at any time.
- Upon receiving an approved labor certification, our office prepares a visa petition to be submitted to the U.S. Citizenship and Immigration Services. The purpose of the visa petition is to prove to the Immigration Service that the position has been certified by the Department of Labor, the employee meets all of the requirements listed on the labor certification, and the sponsoring company has sufficient resources to pay the employee's salary. Also, this step will establish whether the employee is a second preference (normally a person with at least a Master’s level education) or third preference (a person with less than a Master’s level education) immigrant. In some cases, the preference for which the employee qualifies may determine how long it will take to immigrate to the United States.
- The last stage in the process is applying for permanent residence. If permanent residence is applied for in the United States, it is known as applying for adjustment of status. If applied for outside the United States, it is known as applying for an immigrant visa. The result of either will be the same; that is, permanent residence. Our office realizes that this process is very important to you and your employees and we are available to ensure your success in your immigration goals. We will do everything possible to make this lengthy process as easy on you as possible.
- Questionnaire :
Labor Questionnaire
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