4 Steps to become a U.S. Resident through Perm Labor Certification

4 Steps to U.S. Permanent Residency Through PERM Labor Certification [Infographic]

Employers play a big role in an immigrant employee’s ability to obtain U.S. permanent resident status. An employer must often provide a labor certification as part of the application process. This important step is a requirement to apply for a green card for may workers. Providing a labor certification, often referred to as a “PERM,” is more than just filling out a form, however. It requires that employers go through a three-step process, after which there is only one more step required for the employee to obtain resident status in the U.S.

How to obtain permanent residence through PERM Labor Certification.

1.      Make a Prevailing Wage Request (PWR)

The Immigration and Nationality Act requires that wages offered to immigrant workers will not negatively affect the rates that workers in the U.S. earn while they are employed in a similar job. To ensure that salaries are comparable for purposes of obtaining a labor certification, an employer must request a PWR from the Department of Labor (DOL).

Of course, wages vary significantly across geographic areas and industries. Employers can determine whether their position has a comparable salary by using the Foreign Labor Certification Data Center Wage Library. This is a good place to start if you are unsure if your job provides a prevailing wage based on the market in your area.

The employer must make a PWR by visiting the U.S. Department of Labor’s website. The employer will provide various details about the job to determine what a minimum wage that must be offered may be. These details include things like:

  • Worksite location
  • Job requirements
  • Qualifications necessary
  • Job duties
  • Hours and working environment

Giving this information to the DOL is a requirement to obtain a labor certification, so employers should hammer out these details long before making an offer to a potential worker.

2.      Recruiting and Advertising

As an employer, you must demonstrate to the DOL that there are no qualified workers that are willing and able to fill the position. Part of that process includes a “good faith” recruitment and/or advertising effort. That usually consists of advertising or using recruitment efforts that are normal for the industry; it also includes three mandatory recruitment efforts:

  • Place an ad with the state workforce agency in the state where the work will be located.
  • Place newspaper ads on two different Sundays for the position. The newspaper should be one of major circulation in the intended area of employment.
  • Set out an ad or post a notice of the job opportunity at the worksite location.

If the position is professional, the employer must select three other methods of advertising to meet the requirements. All recruitment and advertising efforts must be no older than 180 days from when you file the PERM application.

3.      File ETA Form 9089

Next is to actually file ETA Form 9089 with the DOL. The DOL recommends that employers complete this form electronically, but it can also be submitted by mail as well. You provide much of the same information about the position requirement as was supplied with the PWR and details regarding the efforts you took to recruit or advertise. The form will also include information about the proposed worker, including:

  • Place of birth
  • Work experience
  • Educational background
  • Other relevant credentials

Once you submit the application, you must wait several months for the DOL to approve the filing. It can take even longer if the PERM is audited. The DOL will request additional information regarding any aspect of the application if it is reviewed.

  1. File Form I-140 to Obtain Permanent Residency

Only after the first three steps are completed can you obtain a labor certification that is necessary for the I-140 immigrant visa. The employer can then petition on behalf of the immigrant employee for permanent U.S. residency.

Having an attorney walk you through this process can save valuable time and money. The team at David Hirson & Partners, LLP is available to help! Contact us for more information or schedule an appointment.

Telephone: (949) 383-5358      Email: info@hirson.com      Website: www.Hirson.com

Finding a qualified eb-5 lawyer

What to Ask When Choosing an EB-5 Immigration Lawyer

Finding a highly qualified EB-5 immigration lawyer to assist you with your immigration journey is of utmost importance in ensuring that you and your family have the best possible chance for approval. However, there are many immigration attorneys out there who have started to take on EB-5 work without having the skills and experience to provide that chance. Considering the political climate of the U.S. government as we head into 2018, it’s more important than ever to choose an attorney who knows how to navigate the waters of EB-5 applications, including advising on projects and regional centers with proven track records. Here are three questions you should ask before hiring someone to help you obtain your EB-5 visa.

 

  1. What are your I-526 and I-829 approval rates?

 

This information, when provided honestly and accurately by a lawyer, is very valuable for potential investors. It is an insight into the end result that you are hoping to achieve yourself. Track records of approvals should be a material factor in making your decision of which firm, and which lawyer, to trust. If the EB-5 immigration lawyer you are talking with cannot or will not provide their approval rates, it’s time to find someone who will. (Please note that while past success does not guarantee future success, past success does enhance the possibility of future success.)

 

  1. What is your approach to proving source of funds?

 

The source of an applicant’s investment funds is one of the primary issues to be addressed with an EB-5 applicant. Tripping up in this area is a major reason for denial of an application. (If you use a third-party service provider in your home country, be sure to also ask them about their success rates.) Sourcing funds requires a knowledge of U.S. laws and also some familiarity with the applicant’s home country. Which leads us to our third question…

 

  1. What experience do you have with applicants from my country?

 

Every EB-5 application is different, and so is every EB-5 applicant. However, some things about the process can be generalized based upon the home country of the applicant, and it’s crucial that the chosen EB-5 immigration lawyer has proven experience with the applicant’s country. Ask your EB-5 lawyer how many applications they have processed from your country, and how many of those have been successful. If they have never worked with an applicant from your country before, don’t let yourself be the first test case!

 

Find an experienced EB-5 immigration lawyer who knows the ins and outs, including how the tax laws of your country affect sourcing of funds in your application. Contact David Hirson & Partners, LLP today for help with your EB-5 immigration process.

 

Telephone: (949) 383-5358       Email: info@hirson.com       Website: www.hirson.com

Nima Korpivaara a Panelist at NES Financial’s Innovation Summit 2017 in Miami

 

immigration lawyers

Nima Korpirvaara (seated third from right) spoke on the Evolution of EB-5 Panel

Nima Korpivaara, Partner at David Hirson & Partners, LLP, was one of four expert panelists who spoke on the evolution of the EB-5 industry at NES Financial’s Innovation Summit 2017 held in Miami on Tuesday, February 7, 2017 at the Intercontinental Miami Hotel. Nima shared his expertise alongside Michael Gibson (USAdvisors.org), Julian Montero (Arnstein & Lehr, LLP), and Rohit Kapuria (Arnstein & Lehr LLP). The panelists discussed the differences between EB-5 investors from various parts of the world and shared their insights into how investors from different countries think about immigration and investment plans. Discussion points included currency restrictions around the world and how different processing times for different investors affect their selection of projects to invest in. One example discussed was how many Chinese investors prefer to invest in EB-5 regional center projects instead of direct EB-5 projects. This panel also spoke about transparency in the EB-5 industry and the industry’s progress towards having more transparency.

If you would like more information about the future of the EB-5 Visa Program, how EB-5 investors differ from each other, or integrity measures, feel free to contact our experienced EB-5 team at David Hirson & Partners, LLP today:

Telephone: (949) 383 – 5358 Email: info@hirson.com Website: www.hirson.com

Former Director of USCIS Leon Rodriguez has an Open Discussion with EB-5 Industry Stakeholders at the NES Financial Innovation Summit 2017 in Los Angeles

Innovation-Summit-2017

Mr. Leon Rodriguez, the immediate past-director of the United States Citizenship and Immigration Service (USCIS), spoke at the NES Financial Innovation Summit, held on Thursday, February 2, 2017, at City Club Los Angeles. As a private citizen, Mr. Rodriguez was able to share his personal opinions and experiences with the EB-5 stakeholder audience. Read more

David Hirson a Panelist at NES Financial’s Innovation Summit 2017 in Los Angeles

David Hirson (seated on the left) spoke on the Legislative Reform in 2017: A New Era Begins for EB-5 Panel

David Hirson (seated on the left) spoke on the Legislative Reform in 2017: A New Era Begins for EB-5 Panel

David Hirson, Partner at David Hirson & Partners, LLP, was one of four distinguished panelists who spoke about the future of the EB-5 Visa Program at NES Financial’s Innovation Summit 2017 held in Los Angeles on Thursday, February 2, 2017 at the City Club Los Angeles. David spoke on the panel titled: Legislative Reform in 2017: A New Era Begins for EB-5, alongside Cathy Holmes (Jeffer, Mangels, Butler & Mitchel LLP), Michael Homeier (Homeier & Law, P.C.), and Angelo Paparelli (Seyfarth Shaw LLP). Read more

Happy Chinese New Year!

Wishing you and your family health, peace and prosperity in the New Year of the Rooster!

大卫何申律师事务所的全体员工祝愿您和您的家人新春快乐,身体健康,大吉大利, 财源滚滚来!

Kính chúc Quý Khách và gia đình một năm Đinh Dậu tràn đầy Sức Khỏe, May Mắn, và An Khang Thịnh Vượng!

정유년 새해에 귀하와 귀하의 가정에 건강, 평화와 번영을 기원합니다!

2016 Shanghai Investment & Immigration Expo

Shanghai_img

EB5 Investors Magazine’s 2016 Investment & Immigration Expo at the Jing An Shangri-La hotel in Shanghai 

EB5 Investors Magazine hosted the 2016 Shanghai Investment & Immigration Expo from May 8-9 at the luxurious Jing An Shangri-La hotel in Shanghai, China. China Migration Group served as a co-host of the event. More than 300 EB-5 professionals joined over 100 leading Chinese migration agencies, along with prospective migration agents and wealth managers.

With this international expo, EB5 Investors sought to enhance communication and cooperation in the EB-5 industry. Ali Jahangiri, publisher and president of EB5 Investors Magazine, noted in his opening remarks that enhanced Sino-U.S. relations and communication is needed to further market transparency and band the industry together to advocate for much needed reforms. United States Senator Rand Paul and Rep. Jared Polis also expressed their support for the EB-5 program to attendees via video and Skype.

EB5 Investors Magazine was honored to welcome representatives and owners from many well-respected Chinese migration agencies in attendance. A special recognition was given to all Exit Entry presidents at the event, and it was a tremendous vote of confidence to host Shanghai Exit Entry Association president Zhang Han Qing among our event’s distinguished panel speakers.

The enlarging wait list for Chinese investors was a hot topic of discussion throughout the event. Professionals from Wolfsdorf Rosenthal LLP, Fragomen Worldwide, Foster LLP, Peng & Weber PLLC, and David Hirson & Partners LLP discussed the topic in detail. They also shared useful strategies for real cases, such as addressing migration issues for teenagers under 21, children who have aged out of eligibility for coverage under the EB-5 program, and examining alternative visa options like the L-1 visa.

The final day of the conference featured a speech by Austin Fragomen, the founder of Fragomen Worldwide.  Panels focused on advanced source of funds issues, and current hot topics like the importance of due diligence, especially in light of the Sept 30 sunset date for the EB-5 Regional Center Program and the Jay Peak SEC complaint.

The expo also offered agents information about investment immigration programs in countries other than the United States, including which programs are most popular, along with U.S. Asset Allocation best practices.

Why attend the EB-5 Investors delegation in Shanghai?

  • Showcase your business to leading Chinese migration agents, along with wealth managers and potential finders
  • Maintain your business presence among the local investment immigration market
  • Gain exposure through online media, email blasts and conference collateral
  • With the highest numbers of EB-5 Investors per capita, China is ground zero for your company’s success and growth

Who Will Attend?

  • Select Project Developers/ Regional Centers
  • Industry leading Law Firms & Service Providers
  • Top Level and Emerging Chinese Migration Agents
  • Wealth Managers, and Concierge Service Providers

Hotel and Venue

Hotel rooms are available for the 2016 Shanghai Investment and Immigration Expo, a premier EB-5 networking and educational event for global immigration professionals and Chinese migration agencies.

Our venue, the Jing An Shangri-La hotel, boasts the best in amenities and accommodations and provides a luxurious experience in the heart of Shanghai. Room block reservation rates will be valid May 7-9, 2016.

Address: Jing An Shangri-La

1218 Yan’an Middle Road

Jing An Kerry Centre, West Nanjing Road Shanghai, 200040, China

Tel:+86 21 2203 8888

Fax:+86 21 2203 8899

EB5Investors.com events and conferences are open to the general public and may include persons resident in the U.S. or foreign countries who may be interested in EB-5 investment opportunities. Attendees, exhibitors and speakers at our events and conferences should consult with their own legal counsel regarding compliance with securities laws for any ongoing or planned securities offerings. EB5investors.com provides no legal advice concerning compliance with securities laws by attendees, exhibitors and speakers at its conferences and events.

To Avoid Liability with Marketing Materials, Consult an EB-5 Attorney

Law Gavel And Book

Companies marketing financial services often tout their experience, previous results and returns paid to investors. For EB-5 regional centers, however, such statements in marketing materials can become litigation exhibits or the center of an enforcement action by the Securities and Exchange Commission. Read more

Foreign Investors are Eligible for a Green Card through the EB-5 Program

World currency

Maneuvering through the immigration process and obtaining a green card can be confusing. There are several ways, however, to legally obtain a green card that many people may not know about. A hospital in Arizona is taking advantage of what is called the EB-5 program to not only provide a pathway for foreign investors to get a green card, but also to bring in much needed medical care for a local community.

Read more

Guangzhou Consulate and NVC Begin Canceling Scheduled EB-5 Visa Interviews

immigration visa application passport

As a result of the announced May 1, 2015 EB-5 China Cut-off,  on April 22, 2015, , the Guangzhou consulate and the National Visa Center began sending out cancellation notices to immigrants who had been scheduled for EB-5 visa interviews. This is a new and unexpected development. The prevailing thought has always been that a visa number is assigned to an individual once the interview has been scheduled. This would allow Chinese national investors with both post May 1, 2013 priority dates, and interviews scheduled the opportunity to adjust status through the consular process regardless of the China cut-off. Unfortunately however, that practice is not being followed. Our office has received cancellation notices for investors under this exact scenario.

Read more