Accurately define the job and the duties involved. Be sure to include specific skills that iterate why the worker is unique.
Following the department of labor regulations, a recruitment plan must be initiated that searches for a U.S worker that is qualified and willing and able to do the job.
The required forms of advertising include:
- Posting a 30 day job order with the state workforce agency.
- 2 Sunday Newspaper ads.
- 10 consecutive business day internal posting notice.
3 additional forms of recruitment are required for a professional position.
- Job Fairs :
- Employer Website
- Job Search Website
- On-Campus Recruitment
- Trade / Professional Organization
- Private Employment Firms
- Employee Referral
- Campus Placement Offices
- Local and Ethnic Newspapers
- Radio and Television Ads
Review the responses and wait 30 days
After all advertising is completed the employer must wait 30 days before filing the ETA 9089 online to allow adequate time for interested applicants to apply.
File the ETA 9089 online
Provided that no qualified U.S. worker has applied for the job, the next step is to file the ETA 9089 application online.
If a qualified U.S. worker applies, the employer does not necessarily have to hire them, but the labor certification (ETA 9089) cannot be filed.
ETA 9089 approval
The Department of Labor (DOL) reviews the ETA 9089 and if everything looks satisfactory they will approve it. If DOL questions the legitimacy of the application, the recruiting process, or the employer they will either deny the ETA 9089 or issue an audit. Audits are also sometimes initiated on a random basis.an audit will typically ask for proof of the recruitment, the prevailing wage determination, and an explanation of the business necessity for any unusual requirements (e.g. requiring a foreign language will almost always trigger an audit). ETA 9089 processing times range from 6 months to 1 year for unaudited cases to almost 2 years for petitions selected for an audit.
File the I-140
Once the ETA 9089 is approved, the petitioner can file the I-140. In the I-140 the petitioner must prove that the beneficiary (foreign worker) satisfies all of the education and work experience requirements indicated in the ETA 9089. If specific skills were required the petitioner and beneficiary must prove that the beneficiary has these skill sets (and did not obtain them while working for the employer filing the petition in the same or similar occupation).
Wait for a current priority date
Once the the I-140 is approved, the foreign worker must wait for a current priority date. The priority date is the date the ETA9089 was filed online.
Whether the priority date is current depends on which country the foreign worker is from (India, China, Philippines, and Mexico are more backlogged than other countries) and which category the worker is classified under (Professionals holding an advanced degree, skilled workers, or other workers).
To see if the priority date is current, you should check the current visa bulletin, available at the USCIS website or on our website http://www.immigrateme.com
File an I-485 and obtain a green card
Finally, if the priority date is current the worker can file the I-485 as well as a request for work authorization and a travel permit. Upon approval of the I-485 the worker will receive a green card and status as a permanent resident. An individual may file for his/her spouse and children (under the age of 21) at the same time.