Labor Certification refers to the process by which a U.S. employer establishes that there are no U.S. workers available to fill a particular position. When an employer follows the U.S. Labor Department's procedures, and establishes that there are in fact no U.S. workers available, the Labor Department is said to grant a "Labor Certification." Recently, there have been a number of different types of procedures to obtain a Labor Certification: the traditional Labor Certification procedure (which has now been eliminated), the streamlined "Reduction in Recruitment" method, the procedure through the Backlog Elimination Center, and the new PERM system.

According to the Labor Department:

The BECs will process the requests for RIR conversion on a first-come, first-serve basis. Response times to requests will vary depending on the volume of responses. Employers will not receive a confirmation that the request was received.

BECs will review the documentation provided and determine whether the documentation provided is sufficient.

According to the Labor Department:

Send the required information listed above by mail to the appropriate BEC based on where the case was filed. The information should be addressed:

For Philadelphia BEC:
ATTN: RIR Conversion Request & Documentation
U.S. Department of Labor
Employment and Training Administration
1 Belmont Avenue, Suite 200
Bala Cynwyd, PA 19004

For Dallas BEC:
ATTN: RIR Conversion Request & Documentation
U.S. Department of Labor
Employment and Training Administration
700 North Pearl St., Suite 400N
Dallas, Texas 75201

According to the Labor Department:

The supporting documentation required for conversion to RIR processing is the same as that required for an application initially filed under the RIR process, with the addition of a written request for conversion. Employers or their attorneys should ensure the request includes:

1. A written request for conversion;
2. Documentation demonstrating that a pattern of recruitment has been established within the six months preceding the date the conversion request is received by the BEC, and that any U.S. workers were rejected solely for lawful, job-related reasons. Documentation must provide a description of the recruitment process used and the results of the recruitment process;
3. Contact information regarding the application including an e-mail address where a reply to the RIR conversion request can be sent.

Extended RIR Conversion Date

Backlog Elimination Centers

According to the Labor Department:

No, the offered wage does not need to be included in the advertisement, but if a wage rate is included, it can not be lower than the prevailing wage rate.

Is it permissible to use forms of media other than the alternative steps listed in the professional occupations recruitment provision, i.e., is it permissible to count advertisements on movie theater screens, on screens in airports, on sides of buses, billboards, etc., as additional steps?

According to the Labor Department:

No, it is not permissible to use other forms of media other than the alternative steps listed in the professional occupations provision as additional steps. The restriction on acceptable forms of media is governed, in part, by questions of verifiability. Employers, however, are not precluded from using these means as above and beyond the regulation requirements.

Is it possible to refile an application under the PERM optional special recruiting provision for college and university teachers if eighteen months or more have passed since the selection of the alien was made pursuant to a competitive recruitment and selection process?

According to the Labor Department:

No, an application can not be refiled under the PERM optional special recruiting provision on behalf of an alien selected pursuant to a competitive recruitment and selection process if eighteen months have passed since the selection of the alien.

Where does an employer file an application by mail and how can people contact the National Processing Centers to ask questions about an application?

According to the Labor Department:

• National Processing Centers have been established in Atlanta and Chicago. Employers submit their application to the processing center with responsibility for the state or territory where the job opportunity is located.
• The address and contact information for each processing center and the states and the territories within their jurisdictions are provided below.

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United States Department of Labor
Employment and Training Administration
Atlanta National Processing Center
Harris Tower
233 Peachtree Street, N.E., Suite 410
Atlanta, Georgia 30303

Telephone: (404) 893-0101
FAX: (404) 893-4642

Serves the following jurisdictions:

The general purpose of a Re-entry Permit is to allow green card holders, who have left the U.S. for more than one year, but for less than two years, back into the United States. Permanent residents who leave for less than one year can generally re-enter the U.S. through the use of their "green card" plus their passport. However, permanent residents who remain outside the U.S. for more than one year CANNOT use their "green card" for this purpose. Consequently, they must obtain a Re-entry Permit IN ADVANCE, PRIOR TO LEAVING THE U.S.

Those green card holders who remain outside the U.S. for more than two years must obtain a "special immigrant" visa at a U.S. consulate abroad, in order to re-entry the U.S.

The H-1B1 is a special visa for citizens of Singapore only. It is similar to an H-1B visa. Its key advantage is that it allows Singaporean citizens to avoid the H-1B quota which often runs out quickly.

Many foreign programmers, and other professionals, who would like to work for YouTube and Google wonder whether YouTube and Google sponsor individuals for H-1B visas. As you can see from the following chart, Google does indeed sponsor H-1B workers. Therefore, after the acquisition of YouTube by Google, Google will likely continue to sponsor individuals for H-1B visas provided that the H-1B quota, established by the U.S. government, has not run out.

As anyone who follows the news knows, Madonna and her husband, Guy Ritchie, have adopted a Malawian baby, with considerable public controversy. The matter raised various issues regarding whether Madonna had received preferential treatment.

Wee Shu Min is the 18 year old daughter of Wee Siew Kim, a current Member of the Parliament of Singapore in the Ang Mo Kio Group Representation Constituency (Jalan Kayu), representing the current ruling People's Action Party. She is purportedly a student in Raffles Junior College's scholarship program.

EB-5 Successful Cases:  Limited Liability Partnerships investing in U.S. REAL ESTATE 

A "garden variety" direct investment in U.S real estate would NOT qualify for obtaining an EB-5 investor green card because that type of investment is considered a PASSIVE investment, and one of the key requirements of the EB-5 category is that the investment must be an ACTIVE investment, i.e., one which involves directing or managing an active enterprise. However, there have been successful EB-5 cases which involve indirect investments in real estate which get around the active investment requirement through the use of a Limited Liability Partnership.

An E-3 visa applicant must meet the academic and occupational requirements, including licensure where appropriate, for admission into the United States in a specialty occupation. If the job requires licensure or other official permission to perform the specialty occupation, the applicant must submit proof of the requisite license or permission before the E-3 visa may be granted. In certain cases, where such a license or other official permission is not immediately required to perform the duties described in the visa application, the applicant must show that he or she will obtain such licensure within a reasonable period of time following admission to the United States.

The Labor Dept. Administrative Review Board ("the Board") addressed what circumstances constitute termination of employment for purposes of the employer's H-1B obligations in the case: Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06).

On October 20, 2006, the USCIS issued a notice regarding certain I-485, adjustment of status, applications filed under the Cuban Adjustment Act. Specifically, the USCIS advised that the National Benefits Center transferred certain Cuban Adjustment Act Applications received on or after October 1, 2006, which do not require an interview, to the Texas Service Center. The USCIS stressed: "This internal transfer of work does not alter, in any way, the existing process for filing a CAA application with USCIS. Customers will continue receiving a receipt notice for their case with a receipt number bearing an “MSC” prefix."

The H-2B nonimmigrant visa is available for foreign workers who come to the U.S. to perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent.