Business Immigration Attorney serving Washington, D.C. and Surrounding Areas
At Law Offices of Tina Sharma, we understand the growing challenges employers face in filling certain skilled positions within their organizations. To help meet the growing demand for skilled workers, we offer a wide range of business immigration services for companies in Washington, D.C., Virginia and Maryland who need employment-based immigration visas for foreign skilled workers.
Our business immigration services include, but are not limited to:
- Program Electronic Review Management (PERM) Labor Certifications: Obtaining a labor certification to bring in foreign workers is a complex and protracted process. We thoroughly analyze your employment needs and determine if they can be best filled through a PERM labor certification or an alternate means.
- Nurse Petitions: Nursing shortages in the U.S. have caused many health care providers to look overseas to fill the need. Bringing nurses to the U.S. can be challenging, however. We work with health care organizations to find the most practical and efficient way to fill their need for qualified nurses.
- EB-1 Visas: EB-1 visas are for those with extraordinary ability, outstanding researchers or professors or managers/executive trainees.
- EB-2 Visas: EB-2 visas are for those with advanced degrees or exceptional ability in the sciences, business or arts who may qualify for a National Interest Waiver (NIW).
- EB-3 Visas: EB-3 visas are for skilled workers, professionals with a
- baccalaureate degree and “other” workers.
The PERM Labor Certification Process for Companies
When an employer locates a foreign national they want to hire, they must complete the PERM Labor Certification Process with the U.S. Department of Labor (DOL). There are multiple steps to this process, including:
1. Filing a Prevailing Wage Determination (PWD) Request with the Department of Labor
Immigration law requires that companies pay foreign workers (at a minimum) the prevailing wage for the position in which they are being hired. To determine the correct wage, a PWD request is made with the U.S. Department of Labor. It is important to note that wages can vary greatly based on the geographic location of the worksite. For this reason, it is important that the PWD request is completed thoroughly and accurately and includes the correct worksite location.
2. Conducting “Good Faith” Recruitment
In order to successfully complete the PERM Labor Certification Process, a company must demonstrate that the worker they are hiring will not be displacing a qualified American worker by taking a position with a U.S. employer. To show there are no qualified American workers for the position, the company must (at their own expense) place three specific types of advertisements; one with the workforce agency in the state in which they are being hired and two in the Sunday advertisements of a newspaper with circulation in the general area where the worksite is located. Three additional advertisements must also be placed, and there are several placement options for the other three ads. While the ads are running, the employer must keep detailed records of resumes received, interviews that were conducted and reasons for rejection of applicants.
It is important to note that Schedule A positions (those recognized by the U.S. Department of Labor as positions with shortages of American workers) do not require employers to go through the recruitment/advertising process. Job classifications listed under Schedule A include nurses, physical therapists and aliens with exceptional ability in the arts and sciences.
3. Filing ETA Form 9089 with the Department of Labor
At the end of the recruitment period, the company files ETA Form 9089 (Application for Permanent Employment Certification) with the Department of Labor. This form must include detailed information about the recruitment process (particularly demonstrating adherence to the strict rules and timelines), information about the education and work experience of the foreign worker you are intending to hire, and details about the available position. Once ETA Form 9089 is filed, a questionnaire is emailed to the employer, which must be returned within 7 days for the application to be approved.
Business and employment-based immigrant visa applications are highly complex and there are numerous potential pitfalls that can cause an application to be rejected. At Law Offices of Tina Sharma, we put our depth of experience in business immigration law to work to ensure that our clients are in a position to secure positive outcomes with their visa applications. Contact our office today at (202) 329-6556 for a personalized consultation.
Law Offices of Tina Sharma provides skilled business immigration services for companies throughout the country including in the Washington, D.C. metro area, Virginia and Maryland; including the communities of Arlington, Alexandria, Falls Church, Fairfax, Manassas, Annandale, Springfield, Herndon, Reston, Rockville, Gaithersburg, Silver Spring, College Park, Germantown, Frederick, Hyattsville, Bowie, Annapolis, Fairfax County, Montgomery County and Prince George’s County.