Visa dictionary

You have rightly expected the last article for the J1 Visa here.

However, in light of recent events and because we believe that most of our customers more interested in permanent residence in the US in the long run, we would like to inform you today about the newest developments for employment based immigration visas. There are some pleasant suggestions at least, that will (hopefully) soon be passed by the US parliament.

The US Department of Labor has recently published the planned changes for the employment-based immigrant visa process. These would completely turn the old and slow system upside down, so a small red tape revolution that will be welcomed by all of us! At the heart of the suggestions is the so-called PERM program, which is more or less going to automate processing for a large art of the applications. The US Department of Labor is promising that, in the future, it wants to process those application within 21 days (3 weeks). That would be quite impressive - even if it would still take twice that time. Up to now, processing took between two and four years! That was the main reason most US employers have so far told you to wait until you have a green card and try again later. Maybe this will soon be a thing of the past!

Just a quick reminder - the Labor Certification process is part of the process as a whole. The US employer has to demonstrate meticulously why he couldn't hire a US worker or immigrant for the position. After that, you have to apply to US immigration. But there are positive signs as well that the processing will be speeded up similar to the Premium Processing for L, E or H Visas (we reported in detail in one of the last issues). The last step is the consular processing at the US consulate.

If we would explain to you the entire regulations in detail, we could fill this entire newsletter with it, so we will only give you the most important aspects. Some of the regulations are only important for the US employer anyway.

The PERM program in detail: Similar to the (not very successful) preceding program, the PERM program requires that suitable employees are looked for in the US before a foreigner is hired, and this has to be documented as well. Currently, applications are initially handled by an intermediary agency, the "SESA." In the future, they will be called "State Workforce Agencies" (SWAs) and in the future they will only check the "prevailing wage" that establishes a wage average of similar positions within the same sector (probably known to you from the H-1B). In the future, applicants may apply directly to the Education and Training Administration (ETA) of the Department of Labor. Before, the applications had quite inconveniently to be presented to a different department before actual processing. So at least one step will be eliminated entirely from the process, another will be simplified significantly.

"Recruiting" In the future, the employers have a choice of different procedures that they can define themselves via a list. So, for example, they don't necessarily have to include documentation about their efforts to find an employee to the petition, but they can rather make them available for inspection in case the administration needs to check them. New, machine-readable application forms allow for automated processing, furthermore the applications are to be filled out online and sent (similar to the new web-friendly "Labor Condition Application" process for the H-1B).

After an initial check the computer will filter out critical applications based on certain criteria and those will be examined in detail. Others will be filtered out randomly, even if they don't fulfill any of the critical criteria. The rest of them will be approved more or less automatically, and within only three weeks. For the critical applications, the employer will be contacted and asked to provide specific documentation. After that, the applications will be forwarded to the responsible regional office ("Regional Certifying Officer.") The RCO may approve the application, or under certain circumstances reject it, or even decide to closely observe the hiring process of the employer if he has any doubts about the hiring process in general.

Employment ads In return, US employers must now be prepared that it will be very closely observed whether they have sufficiently advertised the offered position. This requires the proof that all possible media, including the electronic ones, have been used, but also the usual advertisement process when other positions that don't require hiring an alien worker are vacant. However, this only applies to the above mentioned critical or randomly chosen applications.

"Paying the salary" The unpopular proof that the employer is actually able of paying the employee will no longer be required. First off, it can be assumed that otherwise you wouldn't want to work there anyway, and looking at the application, this is a repetition since the employer already answers these questions on the application form (I-140) for US immigration.

We will be happy to advice you on your personal chances for such a visa and answer all your question. Best use the contact form on our website.