I have several different work experiences, masters degree in one field and post graduate education in another. My masters degree can be applied to several different types of jobs from IT to industry specific positions, I have to start over with new LC after previous I-140 was denied due to employer ability to pay and I get to pick (find) a new employer. My question is: would an immigration attorney usually help in matching skills of the person to the more approvable by LC type of job, based on statistics and personal experience? So the applicant can go on and try to get hired by one of the companies who offer those types of positions? Or is there publicly available statistics of what jobs has been recently approved? I need to make a first step again and need some guidance. Thank you.
Yes it absolutely is the proper province of a skilled immigration lawyer. The DOL has however sought to limit the participation of Attorneys in the recruitment/ selection process. Recently, this caused a major national immigration law firm, and their clients, catastrophic harm,. But I see nothing legally or ethically improper in the participation of an Employerer's Attorney at the drafting stage of the PERM wherein job requirements and skills are set and justified and in counselling lawful job related reasons for rejection of Applicants. Federal Publications available to the Public such as the Occupational Outlook Handbook can give you an idea of what the Department of Labor thinks are hot jobs areas. Also the Department of Labor publishes PERM statistics available on line, see link below. An informed Immigration Attorney, working in conjunction with Sponsoring Employer should be able to offer responsible guidance.
It would be inappropriate for a lawyer to shop you around to employers. You don't get employed for immigration purposes, you immigrate for employment purposes. Once you have a prospective employer with a potential job, you can certainly consult with an attorney about the viability of the case. However, if you go to a lawyer with no job offer and he offers to help you find one (or to help you find the job that would best help you with immigration), I would consider that attorney to be unethical. However, the field is not known for the most upright of attorneys.
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The approvability of a PERM is based on the minimum requirements for a position and the labor market for that position, in that geographic location - it is not based on your individual skill set or experience. Immigration considerations should not drive your employment decisions
That is not within the scope of activity that an immigration attorney does for a client. Once an employer is identified, the attorney drafts up the paperwork to begin the process. Usually, the employer hires the attorney to process the papers.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
Hello. I think it makes sense for you to meet with an immigration attorney and go over your credentials, immigration history, etc.. and advise you. Of course, we are not job hunters, but based on experience, we can certainly tell you what has worked in the past and you can use that information to make a better employer and job selection.
Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.
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