Publications

May 2006

LABOR CERTIFICATION ELECTRONIC FILING (PERM)

To obtain a Labor Certification it must be proved that there are no qualified or available U.S. citizens or residents for the job requested. A Labor Certification qualifies an applicant for permanent residence.

Over the past few months our office has received a good number of approvals: several have been approved by the Department of Labor (DOL) within 2 -3 months, and some are still pending. We began this electronic filling in January, 2006 because we waited for enabling regulations from the DOL. The occupations for our approved cases include stone masons, cooks, drywall installers, sommeliers, carpenters, child care workers, project managers and physical therapist aides. When we have applied electronically for labor certification to the DOL, we have received fast approvals.

These Perm electronic applications require a great deal of preparation. We first have to register the company with the DOL online. The DOL must verify that the employer has an unemployment insurance number or an employer ID number. Then we need to place a job offer with America’s job bank and we must obtain a prevailing wage determination from the State DOL. Also, we are required to place 2 ads in a local newspaper.

If you are seeking a Labor Certification as a professional who has at least a bachelor’s degree, we have to make additional recruitment efforts; such as, placement of ads in an ethnic newspaper and then the employer has to make a posting on the employer’s website. For professional employment we must place an ad in a second job bank. That is different from America’s job bank in a newspaper of general circulation such as the New York Times or Star Ledger in New Jersey.

Over the last year Oltarsh & Associates has developed expertise in this recent Perm Labor Certification Program. We are available to assist any applicant who is seeking to apply for a Perm Labor Certification.

H.1 B’s

The fiscal year for 2006 for this category ends on October 1, 2006. It is important for H.1 B applicants to apply as soon as possible because the available numbers may run out by early July, 2006. An applicant for an approval of an H. 1 B would only be able to commence work on the H. 1 B status on October 1, 2006. For H. 1 B status, normally a bachelor’s degree is required as a minimum. Alternatively, three years of progressively responsible work would be equated as equal to one year of University. Practical experience may be combined with school credits to enable an applicant to qualify.

If you need help or advise, call us at 212-944-9420.

Our assistance is only a phone call, or e-mail communication away!

New York Immigration Lawyers > Immigration Publications > May 2006