I-864, Affidavit of Support

I-864, Affidavit of Support: Federal Tax Returns; Other Supporting Documents; and Multiple Sponsors Form I-864, Affidavit of Support, is a contract between the Government and an Individual in which the Individual sponsors the immigrant who is coming to the United States. The purpose of this Affidavit is to “show that … Continue reading

EB2 NATIONAL INTEREST WAIVER: A MORE RIGOROUS STANDARD

       I.            Introduction This article discusses the various requirements of EB2 National Interest Waiver (NIW). An EB2 NIW allows foreign professionals with exceptional abilities holding an advanced degree, or its equivalent, along with other specifications, to work in the United States. Generally, a Labor Certification must be submitted … Continue reading

PERM FAQs: Filing (Round 2)

  Question: Does the language on the electronic in-house media Notice of Filing need to be exactly the same as the language on the physical in-house Notice of Filing? Answer: The regulations require that the employer publish the notice internally using in-house media–whether electronic or print–in accordance with the normal … Continue reading

PERM FAQs: Withdrawal

Question: How can an employer withdraw a PERM application if the employer has difficulty withdrawing electronically or the application was originally filed by mail? Answer: In the event an employer is unable to withdraw electronically, the employer should send a withdrawal request by e-mail to the appropriate National Processing Center … Continue reading

PERM FAQs: General

Effective Date Question: Are any PERM regulation provisions applicable to applications filed under the regulation in effect prior to March 28, 2005? Answer: No, while many provisions in the PERM regulation are the same as, or similar to, the provisions found in the regulation in effect prior to March 28, … Continue reading

PERM FAQs: Filing & Refiling

Question: What is the process by which an employer registers and files an application on line? Answer: In order to file permanent labor certification applications on-line, the employer must have a Permanent Online System account, username, password, and PIN. The account allows for the preparation and management of applications on-line, … Continue reading

PERM FAQs: Fraud

On May 17, 2007, the Employment and Training Administration issued a Final Rule to clarify and augment its regulations on the permanent labor certification program, including the processing of cases backlogged under the prior regulation. 20 CFR part 656; 72 Fed. Reg. 29704 (May 17, 2007). Question: What is the … Continue reading

PERM FAQs: Supervised Recruitment

Question: Under what authority can the Department of Labor’s Office of Foreign Labor Certification select an employer’s application  for supervised recruitment? Answer:20 CFR 656.21 provides, “Where the Certifying Officer determines it appropriate, post­filing supervised recruitment may be required of the employer for the pending application or future applications pursuant to 20CFR 656.20(b)” and 20 CFR 656.24(f) provides, in part, “If the Certifying Officer determines the employer substantially failed to produce required documentation, or the documentation was inadequate, or determines a material misrepresentation was made with respect to the application, or if the CO determines … Continue reading