LABOR CERTIFICATION QUESTIONNAIRE
I.General Information
There are several ways of applying for green card. The most common method is through labor certification. In this method, a foreign national employee usually has to go through three steps: Labor Certification, Immigration Petition and Adjustment of Status / Consulate Processing.
FIRST STEP: LABOR CERTIFICATION (LC)
A Labor certification is a formal finding by the U.S. Department of Labor that willing and qualified U.S. workers are not available to fill the position in question and that employment of a foreign national will not adversely affect the wages and working conditions of similarly situated U.S. workers.
your company has a position which it cannot fill with a United States worker. Your employer’s application for alien employment certification must be approved before your employer can file the immigrant visa petition on your behalf. In order to obtain the alien employment certificate, the company must follow a number of rules and regulations that we will explain to you as we go along.
Most labor certifications are filed under the fast track "reduction in recruitment" (RIR) procedures.
Reduction in Recruitment (RIR)
RIR process is for the employer who has done a substantial amount of recruitment for the position during the 6 months prior to submission of the application and can document the recruitment efforts. The following documents to prove sufficient recruitment efforts shall be provided (if available):
a. Printed ads on newspaper of general circulation or professional journal nationwide circulated (Required)
b.Internet ads, including employer’s web page, Career Mosaics, Yahoo, Monster Board.
c.Information on Employer Referral Program.
d.Information on outside recruiters: including a list of agents used and a copy of at least one contract with an agent.
e.Job Fairs / Trade shows, including ads for job fairs and trade shows as well as evidence that the company attended the job fairs on the dates advertised.
The RIR cases will initially be submitted to the EDD (State Employment Development Department) for review to determine the completeness of the applications and to verify that the salary offered is within the prevailing wage. If the EDD finds the application to be deficient in any way (i.e., requirements are restrictive, prevailing wage not met, etc.) the case will be returned to the Employer to cure the deficiencies. Upon return, the case will be forwarded to the DOL for final processing on an expedited basis.
The time from filing to final approval can take weeks or months, depending on the State. The DOL carefully reviews the application for completeness and adequacy. The DOL then issues its approval or other order.
STEP TWO: IMMIGRATION PETITION
Once the labor certification is approved, it provides the basis for your employer to file an I-140 petition with INS, the second stage of the process.
The purpose of the petition is to classify you under the appropriate employment category in which you will eventually apply for residency status, to ensure that your employer continues to offer you a job within the company, and to ensure that your employer can afford to pay the salary offered to you. Your employer will be required to provide the INS with an annual report or it's annual financial statements/tax returns. The processing time of the petition is varied from each INS service center.
At this stage, you will need to decide and inform us whether you plan to apply for your immigrant visa at the American Embassy in your home country or through the local INS office where you are currently residing.
STEP THREE: ADJUSTMENT OF STATUS/CONSULATE PROCESSING
Finally, the third step is the actual application for permanent residency. When your priority date is current, you will be eligible to apply for permanent residency status.
The following documents will be needed to process your permanent residency application:
1.Birth certificate for all family members. In cases where no birth certificate is available, you will need a statement from your home country's government agency to the effect that a search of the records has been made and no evidence of birth can be located. The INS will then accept secondary evidence, such as affidavits, school records, etc. in lieu of the certificate;
2.Proof of termination of any previous marriage (if applicable);
3.Current marriage license (if applicable);
4.FOUR photographs of each applicant;
5.Completed medical examination for each applicant;
6.Copy of I-94 (front and back sides)
7. A complete copy of passport pages
8. Updated letter from your employer confirming your offer of employment and most recent W2 from the same employer
We will contact you when you are eligible to apply for permanent residency and give you instructions on obtaining these documents.
Traveling outside the U.S. during the third step of this process is restricted. Prior to traveling, an application for advance parole must be made to the INS. Once the application is approved, all traveling parties must appear at the INS personally to pick up notification.
Please keep in mind, the LC does not give you work authorization in the U.S.; it is merely the initial step that must be taken before you can file an application for permanent residency status.
II. Information on your employment
1.Job Description. Please provide a 20 to 30 word description of your duties. Please note that this is a permanent position (unlike an H-1); therefore, you should not discuss specific projects that you are working on. You should make the description general so that it will cover what you will be doing in the future.
2.Minimum Education required (e.g., B.S., B.A., M.S. Ph.D.)
3.What field must it be in?
4.Minimum Years of Experience Required (Pleasedo not include experience gained with the sponsoring employer, unless you held a different previous position with the same employer).
5.Special requirements. These requirements include your employer's requirements at the time you were hired. Please review the ad for the position that you applied for, or the original job requisition at the time you were hired to complete this section.
IMPORTANT: The above five items shall be approved by your employer.
6. Your last Name: ______First Name:
7.Current address:
8.Phone (home) (work)______
Fax E-mail address:______
9.Name of your current employer
10.Address of your employer
11.Will you work at the address in #10 or at another address? (If you will work at a different address, please provide it.)
12.Type of business your employer in? (For example, engineering consulting firm, health care facility, etc.)
13.Your job title
14.Your working hours per week
15.Your working schedule (For example, 8:00 am to 5:00 pm.):
16.Your annual salary
17.The job title of your supervisor
18.Number of people you will supervise
19.Person who will sign the papers on your behalf
Name ______
Title ______
20.Your Social Security Number
21.Your date of birth
22. Your place of birth
23.Your citizenship______
24.Complete all the information below concerning your education, beginning withthe highest degree obtained. Please list exact dates of enrollment (mo/yr), field of study from the diploma or transcripts, and addressof the educational institution.
Name and address of College and University / Field of Study / From(mon/yr) / To(mon/yr) / Degree25.Complete your work experience below for the past 10 years, beginning with your present position chronologically. Indicate periods of unemployment, as well as employment. Verify that all dates, titles and company names match resume and employment verification letters.
Use additional sheet(s) if necessary
Please provide the following information for each of your employment
a.Name and address of employer
b.Job title Hours per week
c.Date started Date ended
d.Type of business
e.Describe in detail the duties performed, including the use of tools, machines or equipment:
III. DOCUMENTS REQUIRED
1.Up-to-date resume;
2.Copies of diplomas and/or transcripts from universities that you have attended;
3.Copies of all prior work authorization documents (such as H1B, L1, E, F1 practical training, etc) (if applicable);
4.Letters confirming prior work experience