The Permanent Labor Certification Process allows foreign workers to obtain permanent residency in the United States through employment. This process depends on the employer's ability to prove that there are no qualified US workers for the position. In New York City (NYC), the process is handled by the New York State Department of Labor (NYSDOL).
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Step 1: Recruitment
The first step in the perm labor certification process is recruitment. Employers are required to advertise the job opening to US workers using multiple recruitment methods for a minimum of 30 days. These methods include advertisements in newspapers, online job boards, and posting on the employer's website if they have one.
Step 2: Prevailing Wage
Once the recruitment period is complete, the employer must obtain a prevailing wage determination from the NYSDOL. This wage is determined by the job duties and requirements of the position and ensures that the foreign worker will be paid at a rate comparable to US workers in similar positions. The NYSDOL will provide the employer with a prevailing wage determination, and this wage must be used in the recruitment process.
Step 3: ETA Form 9089
The next step in the process is to file the ETA Form 9089 with the US Department of Labor (DOL). The form includes information about the employer, the foreign worker, the job opening, and the recruitment process. The employer must demonstrate that there are no qualified US workers for the position and that the foreign worker is qualified and eligible.
Step 4: DOL Review
Once the ETA Form 9089 is filed, the DOL will review it for completeness and adherence to the recruitment process. The DOL will issue a Request for Further Information (RFI) if there are any discrepancies or missing information. The employer must respond promptly to the RFI to avoid delays.
Step 5: Approval
Once the DOL approves the ETA Form 9089, the employer will receive a certification that they can use to file an immigrant petition with the US Citizenship and Immigration Services (USCIS). The USCIS will then review the petition to ensure that the foreign worker is eligible for permanent residency based on the job opening and the employer's ability to sponsor them.
Conclusion
NYC's perm labor certification process is complex and requires strict adherence to the recruitment process and documentation requirements. The NYSDOL and the DOL are involved in the process to ensure that the foreign worker is qualified and eligible for the job and that no qualified US workers are available. By following the process, employers in NYC can hire foreign workers who can contribute to the local economy and become permanent residents of the United States.
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