If an US employer wants
to sponsor
a worker for a green card there are several financial
responsibilities which he will have to fulfill and immigration lawyers will
most certainly be involved or should be. The cost of the entire process depends
on the kind of worker or job position that the company requires.
Processes that the employers must adhere to
An employer is required
to go through the permanent labor certification process or Program Electronic
Review Management (PERM). The process involves placing several advertisements
for recruitment of specific job positions available in the company through the
PERM. Following this, the employer must attest that no qualified US national
has applied to fill the vacancy.
The company must show
the government that this job is not wanted by any American. Even though
millions of Americans are underemployed or unemployed because of high taxes and
regulations. At the same time, America is not producing enough tech or
engineering grads so some high paying jobs are not being filled by Americans.
It is understood that
advertisements placed through PERM will incur a certain cost which must be paid
out of the employer’s pocket. Since the process is complicated and entails lots
of paperwork employers usually depend on immigration lawyers to look into the
matter. The employer will have to bear the legal fees of this legal professional.
It is only after this that an employer can contact the US Citizenship and
Immigration Services (USICS) for a visa application. Therefore it is important
that the employer prepares himself to meet the financial obligations at the
beginning of the application process.
Fees and costs involved
There is no fee
applicable for filing PERM. However, at the time of writing, employers will
have to pay a fee of $580 when they file the I-140 petition with USICS. Some
employers pass the cost to the employee and there is no law prohibiting this
practice.
US immigration services
also allows immediate families of green card holders to enter the US. But they
have no obligation to bear the cost of their application as well.
http://immigration.usattorneys.com/ - this is where you need to go if you are looking for
legal help. If you are not looking for legal help but you want to plan for a contingency
this website is where you can find an immigration lawyer. This website was
built for people who are in legal need. This website is easy to use and
facilitates the search for a legal professional. There is enough stresses in
life, the search for a legal representative should not be one of them.
Employers must pay the prevailing wage rate
The US immigration
service strictly mandates that the employer must pay workers the prevailing
wage rates of that particular area for that position.
For instance, the rate
of a pediatrician in Minnesota is different from that of pediatrician employed
in Ohio. An employer employing a foreign national to work as pediatrician for a
Minnesota clinic will have to pay the wage prevalent in the area. Likewise, a
foreign national working in Ohio must be paid a rate prevalent in that
area. Information on wages is available
with the Department of Labor.
If you go by the word
of immigration attorneys, employers are required under the sponsorship program
to prove to the government that they have the financial resources to pay the
foreign worker’s wages.
There is no specific
duration of employment mandated by law. Employers can fire a worker at will
although they must and should have a legitimate reason. For example, if an
employee is involved in some criminal
activities, he or she can be terminated immediately. However, if a
worker leaves a job soon after getting the Green Card the authorities might
believe that the employer and worker never intended to honor the employment
contract and simply entered an illegal contract to obtain a green card.
Workers must not face any discrimination due to their origin
Employers must not
treat the worker any differently than other employees solely based on his or
her national origin or race. No foreign worker must be given an unfavorable
assignment based on his/her status. Additionally, workers must be given the
opportunity to prove themselves at work, receive the same increment and
promotions provided to his other colleagues who show similar productivity every
day or per a shift.
If you are not being
treated properly, you need an immigration lawyer.
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