The Basic Requirements for Labor Certification Applications

A permanent labor certification issued by the Department of Labor (DOL) is a permission for employers to hire a foreign worker to work permanently in the United States. The employer has to file the required labor certification with the U.S department of labor which is an important and time consuming part of the process to obtain U.S lawful permanent residence based on employment.

If the DOL approves the LC, it is a prove that employer has proven that there are no qualified U.S workers available to take the offered job.

At the law office of Wildes & Weinberg, labor certification and PERM attorney has a good experience helping companies’ secure permanent residence for employees through employment sponsorship. Michael Wildes, a senior partner at the highly prestigious law firm. Prospective client can check the successful projects through Michael Wildes reviews shared by his clients.

“All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence.” -  Martin Luther King

Who Needs Labor Certification:

Labor certification is for those looking to immigrate on the basis of employment. You do not need it – if you are a refugee or asylee, or looking to immigrate on the basis of a family relationship to a U.S citizen or lawful permanent resident.

Certification Requirements:

For those who need it has to complete the requirements for labor certification application. Some of them are:

• Full-time employee - The foreign worker should be employed by the employer as a full-time employee, not part-time.
• Permanent job - The employee should have the permanent position. Temporary positions do not qualify for labor certification but may qualify for work visa.
• Reasonable job requirements – The employer should specify the minimum educational and experience requirements that are usually required for the occupation.  These requirements should not be unduly restrictive and cannot be tailored to the background of the employee for whom the application is filed.
• Wage must be higher of prevailing wage or actual wage - The employer should pay at least the actual wage that is the same wage that the employer pays to other employees at same position. It should also match with the prevailing wage that other employers pay for similarly qualified workers.

The foreign workers are given permission to work in the U.S keeping in mind that it will not adversely affect the job opportunities, wages and working conditions of U.S workers. An approved labor certification is valid for 180 days following approval. Once the DOL approves the permanent labor certification application, the employer will need to seek the immigration authorization from USCIS.

Contact a PERM Attorney to schedule an appointment regarding your labor certification.

Visa Requirement For Fashion Models To Work In The U.S.

It is not a simple process to get to work in the United States and is a time consuming one. Fashion models enter in the United States to typically work under one of the two visa categories they are liable for. The two options that the fashion models looking for work in the U.S are H-1B3 and 0-1 visa. Both of these allow a model to work in the United States.

The visas are classified differently according to the requirement like performers, artists, models etc. In order to have assistance in acquiring a visa, it is recommended to contact a New York immigration lawyer to make sure you are applying it correctly.

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O-1 Visa

The model should have a list of upcoming projects or events to satisfy the O visa requirements, which will show their extraordinary ability. This can also be proved by an acknowledgement of internationally recognized award. 0-1 visa allows foreigners of extra ordinary skills to visit the U.S for 12 months.

This visa requires that you show any of the following:

1)  A major international award or prize.

2)  Other significant contributions to the field, or well-paid employment.

3) A consultation report verifying the alien's credentials and the benefits of the visit.

Extraordinary ability may also be confirmed if the individual shows:

• Receipt of nationally or internationally recognized awards

• Membership in organizations that require outstanding achievement

• Published materials about the model

• Model is appointed at an organization with notable reputation.

• That the model has a salary above others in the industry.

H-1B3 Visa

The H-1B3 work visa will permit a foreign fashion model to work in the U.S for a period of three year. The model should be coming to the U.S for services that require a model of fame that means a high level of accomplishment in the field of fashion modeling. The model must establish that they are of eminent merit and ability.

H1B3 fashion models are not required to have a bachelor’s degree or higher, or its equivalent. The fashion model looking for work under H1B3 visa should be performing services, events or production including:

• Documentary evidence to prove that the fashion model is of distinguished merit. It should set forth the expertise of the affiant in which they acquired such information; and
• Copies of any written contracts between the petitioner and the H1B3 fashion model or summary of any oral agreement under which the beneficiary will be employed.

You can opt to have the type of visa according to your certifications and the immigration attorney will file a “petition” for a visa for you.

Who Can And Who Cannot Apply For US Family Visa?

Everyone wants to live with their family. And, foreign nationals who immigrate to America are no different. When it comes to immigrating family to the United States, there are so many confusions related to it like who can and who cannot apply for the US family visa.

According to the regulations, the immediate relatives of US citizens can apply for immigration under this category. And these visas are unlimited. On the other hand, visas for individuals with more distant family relationships with an American are limited.

Still, to clear some confusion, here are the details of this immigration process.

Spouse – Foreign national spouses of American citizens can apply under this category. It is essential that they are legally married to the US national and if there is polygamy, only the first spouse may qualify to apply for the appropriate visa.

Children – A US citizen’s unmarried child who is under the age of 21 years may apply. Orphans adopted abroad or in the United States by an American also qualify for this category. Unmarried children of US nationals along with their minor children have a visa category too.

Parents – Parents of an US national may also apply. However, it is a vital rule that the citizen should be at least 21 years old.

And, these rules apply for the same sex spouses too. However, if you want answer to all your remaining questions and want to clear all your doubts, then it will be a good decision to contact a veteran immigration attorney such as Michael Wildes.

He has been practicing in this law field for years. He is the managing partner at the law firm Wildes and Weinberg PC. He is a graduate of the Queens College of the City University of New York and the Benjamin N. Cardozo School of Law. He teaches immigration law as an adjunct professor at the latter university. Michael Wildes Reviews is the platform to check the feedbacks of his former clients.  http://www.michaelwildesreviews.com/

The Process Of Becoming A Citizen of U.S through Naturalization

Looking forward to acquire the citizenship of the U.S? Naturalization is a process through which immigrants become citizens. The naturalization process is quite simple and relatively easy. It is the process by which those foreign nationals, apply for and obtain U.S. citizenship and become naturalized American citizen.

There are a few basic requirements to be a naturalized citizen of U.S. Here is a detail about the requirements:

Physical Presence in the United States

If you have been physically present in the U.S. for at least 30 months apart from the previous five years, then you can apply for the naturalization form. If you were absent for more than six months but less than one year, you may still be eligible if you show the valid reason for your absence. If you are a permanent resident at least 18 years old, then too you should be physically present in the United States for minimum half of the continuous residence period.

Good Moral Character

To become eligible for naturalization, you should have good moral character for the statutory period. Certain criminal sentence in the five years before the application will block naturalization, it is important that all judgments should be disclosed during the application.

Continuous residence

The individual should be in the United States from the date of filing the application up to the date of being confirmed in as a US citizen. This will prove that the individual is a continuous residence. It means that you should be a permanent resident of U.S for some specified period of time. They can be either permanent resident in continuous residence for five years, or three years if married to a U.S. citizen.

If you are not sure whether you qualify the requirements for being the citizen, then the next step is considering an immigration attorney. Michael Wildes reviews features experienced clients who has received quality of immigration services provided by the American immigration lawyer. Wildes has been called attorney to the stars for his success in protecting the immigration rights of his clients.

Are You Eligible For The U.S. Green Card?

Are you eligible for a U.S. green card based on family, employment, or other categories? You may be allowed to apply for a green card through support of any of it. Generally, to meet the requirements for green card in the United States, you must fulfill the following criteria:

•  You should be eligible for one of the categories established in the immigration and nationality act.

•    You should qualify the immigrant petition filed.

•    Have an immigrant visa immediately available

•    Be acceptable to the United States

Some of the questions to check your eligibility for green card are:

1.    Are you engaged to marry a U.S. citizen?

In order to get married, you will not to get the eligibility for K-1 fiancé visa, which would allow you to enter the United States. Once you’re married, you can apply to get a U.S. green card.

2.    Are your parents or your siblings citizens of the United States?

You may be eligible if you are a preference relative and may be eligible when visas become available in your category. In this case your U.S. citizen relative should be willing to petition for you and promise you financial support.

3.    Do you have a job offer from a company in the United States?

If your employer is willing to sponsor you, if you have the right background and qualifications and if no U.S. worker is available to take the job, then you will be eligible for the green card.

You will need to fit into any of the numerous categories of people, defined by U.S. immigration law, for people who are eligible for green – card.  It is important to see an immigration attorney for a full analysis.

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Heading to Start a New Business in the U. S? Business Immigration Visas You Need to Know

Are you planning to start a new business in the United States? If yes, then you should know that there are various visa categories to immigrate to this country. But to decide, which visa is most appropriate, it is a decision that should be made after proper consultation from an attorney. The visa options vary by the type of business, industry and the personal circumstances along goals of each applicant.

The various types of visas are:

The E-2 Investor : The eligibility for an E-2 visa requires investment of a substantial amount of money in a new or existing American business. Apart from this, you must be a part of a country that has a treaty of commerce with the United States. This category allows an individual to enter and work in the United States.

The E-1 Treaty Trader : This visa permits foreign nationals from a treaty nation to enter into America and carry out substantial trade.

The EB-5 : EB- 5 category is for immigrant investors. This visa helps to obtain a green card for foreign nationals, who invest money in the country.

The L-1 : This is a visa used to enter the United States for the purpose of work under L-1 status. It is valid for a combatively short amount of time, generally three years. It is primarily for intra-company transferees. This visa is for those people employed in an international company with offices in both the United States and abroad.

The B-1: This visa is valid for temporary business purposes as it allows the recipient to negotiate a business contract, attend a seminar, or hold business meetings. According to this category, the host or employer must provide a business plan as part of the documentation requirements.

It may be helpful to consult an immigration attorney, for application of immigration visas. Michael Wildes is the senior partner at the highly integrated law firm, Wildes & Weinberg. Michael Wildes reviews is a platform that reveals the experience of different people who has worked with him.

What Are The Common Reasons For The Rejection of EB 5 Visa?

United States Citizenship and Immigration Service is in the charge of US immigration programs including the EB 5 visa. Just like any other visa, there are certain requirements for foreign investors to complete in the EB 5 investor’s category. But problems like rejection may arise with your visa.

Thus before you apply for investor’s visa, you should know the factors that may result in the rejection. Entrepreneurs, their spouses and unmarried children under the age of 21 are not eligible to apply for a green card or permanent residence if they -

•    Do not make the necessary investment in a commercial enterprise in the United States.

•    Have no plans to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

EB-5 visa applicants will typically have to make either a $500,000 or $1 million capital investment amount into a U.S. commercial enterprise. The investment can be in the form of cash, inventory, equipment, tangible property and is accessed based on the U.S. dollar fair-market value. In case any of the applicants fails to do so, their applications are rejected.

The USCIS requires that EB-5 investments result in the creation of 10 full-time jobs for the U.S. workers. These jobs should be created within two year time period after the investor has received the permanent residency. In case the investor fails to prove that their investment has led to the creation of direct jobs for employees, then they may be not allowed for the EB-5 visa.

For a convenient deal, you can contact any of the immigration lawyers who will assist you in all types of cases. Michael Wildes reviews is a platform where you can read Mr. Wildes’ clients feedbacks that will greatly encourage you to consult his firm. Michael Wildes is recognized for his successful and professionals legal help to client in immigration issues.