Electric Engineer Approved for EB-3 Without Supplementary Documents

The most difficult part of the EB-2/EB-3 employment-based immigration application process is the PERM labor certification. This article will take you through the recruitment process of the labor certification application process.

Year: 2019
Company industry: Manufacturing and sales of electronic technology products
Foreign employee: Mr. Gu
Birthplace: China
Position: Electronic Engineer

timeline:
2017/07 Submit L-1B multinational company professional application
2017/10 L-1B approval for three years
2018/07 The American employer decided to apply for an EB-3 green card for him, the case was started, the questionnaire was filled out, and the materials were collected and sorted out
2018/11 Submit PERM labor certification application
2019/03 PERM labor certification application approved
2019/04 Submit I-140 application
2019/07 Received I-140 approval notice

Application process:
Mr. Gu was born in China and was admitted to a university in Hong Kong during the college entrance examination. After graduation, he worked as an engineer for a local electronic technology product manufacturing and sales company for 5 years. In 2017, the head office decided to send Mr. Gu to the United States to support the development of overseas branches, and began to prepare his L-1B work visa application. Therefore, the American company found Tsang & Associates, a law firm, and entrusted us with full responsibility for Mr. Gu’s application for a work visa in the United States. We submitted his L-1B application in July 2017, and got the approval notice from the Immigration Bureau in October of the same year, helping Mr. Gu to successfully work in the United States, which is valid for up to three years.

After Mr. Gu joined the American company, he quickly integrated into the environment. His outstanding work ability made the executives of the American company decide to apply for an EB-3 occupational immigration green card for him. Based on the previous pleasant cooperation experience, the company’s executives found Tsang & Associates again and entrusted us to handle Mr. Gu’s green card.

Tsang & Associates formally submitted the PERM application for Mr. Gu in November 2018, and successfully received the approved labor certificate in March 2019 after a routine review by the Ministry of Labor. After receiving the good news, we immediately continued to prepare Mr. Gu’s I-140 submission and submitted the application for him in April. Because Mr. Gu’s L-1B did not expire until 2020, he was not in a hurry and did not choose to expedite it, but he also successfully received the I-140 approval notice from the Immigration Bureau after 3 months, and did not require additional documents.

Application Difficulties & Keys to Success
The most difficult part of the EB-2/EB-3 employment-based immigration application process is the PERM labor certification. In the process of applying for a labor certification, there will be general salary (prevailing wage) applications and complicated recruitment procedures . The purpose is to prevent employers from hiring cheap foreign workers and reduce the employment opportunities of American workers; at the same time, it also protects the rights and interests of foreign workers. The salary level, but the main purpose is to protect domestic employees as the basic principle. Tsang & Associates will take you to understand the recruitment process of the PERM labor certification application process:

During the labor certification application process, the employer must demonstrate that no suitable and willing U.S. workers are available to fill the position being applied for. The main form varies according to the nature of different positions. Zang Dikai United Lawyers takes the most common professional position “professional position” (including engineers, financial analysts, designers, accountants, etc.) as an example to briefly explain:

A. Internal recruitment advertisements in the company: post recruitment notices within the company for 10 consecutive working days;
B. Recruitment information (SWA Job Order): publish 30-day recruitment information on the state government website;
C. Two Sunday newspaper job advertisements;
D. For positions requiring a college degree or higher, employers must, in addition to the above activities, choose three of the following ten recruitment activities:
1. Participate in Job Fairs;
2. Post job advertisements on employer websites;
3. Publish recruitment advertisements on other recruitment websites;
4. On-campus recruitment;
5. Recruitment through trade or professional organizations;
6. Recruitment through employment agencies or headhunting companies (private employment firms);
7. Employee referral program (employee referral program);
8. At a campus placement office;
9. Advertise in local newspapers;
10. Recruitment for radio or television advertisements.

For all recruitment activities, employers must properly keep relevant evidence data in response to possible future audit requirements of the Ministry of Labor;

After the recruitment activity ends, you must wait 30 days before you can file a PERM labor certification application;

Evidence of recruitment need not be submitted with the application. However, Tsang and Associates noted: According to PERM regulations, employers must properly keep all application-related data for up to 5 years. In other words, the Ministry of Labor may request a review at any time, even if the application has been approved at the time. Approved labor certification applications can be revoked outright.

Many EB-2/EB-3 occupational immigrants are caught by this hurdle. Before the start of PERM, lawyers specializing in occupational immigration in the law firm will determine the job position, salary range of job responsibilities, and minimum requirements for the job based on the employer’s company situation, job requirements, and employee’s education and work experience. ) to the selection of recruitment methods before the PERM application, how to publish the recruitment advertisement, communication and guidance with the employer HR during the recruitment process, preparation and submission of the PERM labor certification application, the whole process is carried out in an orderly manner, even if it encounters a review by the Ministry of Labor, it can be calm Response, guiding and sorting out recruitment documents , assisting employers to respond to Audit, and reducing the pressure and burden on employers and foreign employees.

From the time when the company decided to apply for EB-3 for Mr. Gu until he successfully obtained the I-140 application approval notice, it took one year. Both the American company and Mr. Gu are very grateful to Tsang & Associates for their professionalism all the way. The service not only enables the company to acquire a professional talent, but also enables Mr. Gu to work with peace of mind and wait for the schedule in the United States.

Lawyer Comments:
The U.S. State Department has announced the immigration quota schedule for September 2019. Employment-based immigration has experienced a sharp regression, and EB-3 (bachelor’s degree professionals) has reversed by 2 years and 6 months to 01/01/2014. Currently, EB-2 (professionals with advanced degrees or special talents) has a relatively short waiting time, which is scheduled until 01/01/2017. In view of the unpredictable schedule, it is recommended that applicants who intend to apply for employment-based immigration green cards apply early and queue up early to reduce the impact of status due to changes in the schedule. If you have any questions, please call Tsang & Associates to make an appointment for consulting services.


*To protect customer privacy, customer names are pseudonyms.