TN Visa Recreational Therapist to Green Card through PERM, Approved!
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TN Visa Recreational Therapist to Green Card through PERM, Approved!

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Under the USCMA Canadian and Mexican citizens can qualify for TN visa status to work and live in the United States under certain professions. Many times, an employer decides to make the offer of employment permanent and sponsor the employee for US permanent residence (green card). We recently helped a Canadian citizen go from a TN Visa as Recreational Therapist to a green card through the perm process. We discuss the process and this approval here.

USCIS Update – USCIS Issues Guidance on how Employers can show Ability to Pay Wages
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USCIS Update – USCIS Issues Guidance on how Employers can show Ability to Pay Wages

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On March 15, 2023, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance on how they determine an employer’s ability to pay the proffered wage for EB1, EB2, and EB3 employment-based immigrant visa petitions. Read the full guidance here.

TN Visa IT Management Consultant to Green Card through PERM, Approved!
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TN Visa IT Management Consultant to Green Card through PERM, Approved!

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Both Canadian and Mexican citizens can qualify for TN visa status to work and live in the United States. In some cases, an employer decides to make the offer of employment permanent and sponsor the employee for US permanent residence (green card). We recently helped a Canadian citizen go from a TN Visa as an IT management consultant to a green card through the perm process. We discuss the process and this approval here.

As an Employer, how do we show our ability to pay the required wage for an I-140 Petition?
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As an Employer, how do we show our ability to pay the required wage for an I-140 Petition?

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Employers sponsoring foreign workers for permanent full-time positions through the I-140 Petition for Foreign Workers are required to demonstrate their ability to pay the required wage for the position offered. The documents used to prove the required wage are often confidential and sensitive in nature. For this reason, many employers hesitate in providing the information. We discuss what documents can be used to satisfy the ability to pay the required wage here.

What should experience letters for a PERM or I-140 include?
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What should experience letters for a PERM or I-140 include?

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You are required to prove that you meet the requirements attested to on the ETA 9089 (PERM). When filing USCIS Form I-140 Petition for Foreign Worker, USCIS requires proof that the employee has gained any required work experience and skills identified in the ETA 9089.

How do I check PWD, LCA, and ETA 9089 processing times?
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How do I check PWD, LCA, and ETA 9089 processing times?

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The US Department of Labor’s (DOL) Office for Foreign Labor Certification (OFLC) is responsible for issuing prevailing wage determinations (PWD) and permanent labor certifications (PERM) for foreign workers. You are able to check the processing times for your case through the Foreign Labor Application Gateway (FLAG). The processing times for both PWD and PERM vary depending on caseload and other factors. Here’s how to check on current processing times.

What are the Employment Based (EB) preference categories for immigrant visas?
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What are the Employment Based (EB) preference categories for immigrant visas?

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Each year the US Government allows a certain number of immigrant visas for foreign workers to immigrate to the United States based on their education and job skills. Find out more about the five (5) employment-based immigrant visa categories.

What is the Permanent Labor Certification (PERM) process?
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What is the Permanent Labor Certification (PERM) process?

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The permanent labor certification program (PERM) allows US employers to hire foreign workers on a permanent basis to fill jobs essential to the US economy. Certification may be obtained for occupations if you can prove that there are no available qualified US workers who are willing to do the work at wages that meet or exceed the prevailing wage paid for the occupation in your area of intended employment. Find out more about the PERM process. 

Can a TN Visa lead to a green card?
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Can a TN Visa lead to a green card?

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The TN Visa under USMCA (NAFTA) makes it easier for Canadian and Mexican citizens to legally work and live in the United States. The TN Visa is a nonimmigrant visa that is valid for up to three (3) years at a time and can be renewed indefinitely. Technically, anyone with a nonimmigrant visa that meets the permanent residency requirements may apply for a green card. However, the “intent to stay,” can create problems for a TN Visa holder. We discuss going from a TN Visa to a green card here.