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.
We recently received the approval of a DOL ETA 9089 for a Civil Engineer. We discuss this approval and the process below.
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.
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.
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.
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.
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.