| Username |
Post |
| Hurry |
Posted
on 30-Aug-02 01:33 PM
As I had mentioned earlier,my company has applied me for a green card and they have published the add and luckily nobody applied.Guys can u tell in such scenerio,will my labor pass?
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| hurry |
Posted
on 05-Sep-02 10:13 AM
why did nobody reply.Pls let me know.I'm nervous
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| priyasi |
Posted
on 05-Sep-02 10:18 AM
Hi hurry!! i don't think no company can give you green card. Well they can at least give u work authorization but i doubt about the green card. Cuz I do work for the company also and my company does not give either. Oh well..u can listen to other suggestions also.
chao!!!:)
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| AX |
Posted
on 05-Sep-02 10:21 AM
It happened same to me. I just filed for the Labor. The company wrote a letter stating that noone applied for the job. I won't be worried if i were you.
There could be many reasons. The qualicifaction, experience, locatoin, salary.......
Wish you all the best with your labor filing.
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| Advisor |
Posted
on 05-Sep-02 11:04 AM
There could be four main reasons for no one else applying for the advertised position:
1. No potential application saw the advertisement. If it was advertised on local paper only, the U.S. Labor Department or INS may raise the issue - do kich kich. Your company may be asked to re-advertise in more widely circulated newspaper or professional paper.
2. Your field is so specialized and so rare that there actually is no potential applicant. You are safe in this case.
3. You/your attorney/your company designed the wording of the ad in such a way that it becomes extremely restrictive. The requirement may have included the rare/weird combination of classes, credit hours etc. that hardly any one else meet the requirement. If this is the case, then your green card application could be in trouble. Your company may be asked to repeat the process with more relaxed wording.
4. The minimum salary is so low that no one else in your field would think of applying for the position. If the salary offered is way below the market rate, your application could be in trouble.
These are all I can think of now.
Good luck.
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| DD |
Posted
on 05-Sep-02 11:05 AM
Hurry,
Can you give me the name of the lawyer you're using? Thanks.
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| Nhuchche |
Posted
on 05-Sep-02 11:09 AM
It might be better to have a few people apply. Then your HR can send them a letter stating why their application was denied. You can attach this info in your application package. In my opinion this makes a better case for you.
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| Advisor |
Posted
on 05-Sep-02 11:37 AM
No. If any "American" applies for the position, you CANNOT get your gree card approved - even if the American citizen meets the minimum requirement and you have far more experience and higher education that him/her. Teaching job is an exception, however. The college/university can say that the candidate "X" is preferable to other American applicants. End of story.
At least this was the case until few years ago. Therefore Nhuchche's suggestion doesn't work. As long as the few people are non-citizen/non-residents you are fine. But you can not deny a qualified citizen.
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| Nhuchche |
Posted
on 05-Sep-02 11:51 AM
Advisor,
Obviously, there needs to be enough grounds for denial if someone applies.
I got my labor approved thus 2 yrs ago. Hence speaking from experience.
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| DD |
Posted
on 05-Sep-02 12:00 PM
Advisor,
My company is ready to sponsor for my green card. I contacted many "American” layers, but all most everybody said I shouldn't apply now because I can't use my current job experience. I got hired right after my undergraduate school, and I didn't have prior experience in this field. Now, either I have to change the position within the same company or work elsewhere. I am kind of surprised by this DOL rule.
I have seen so many people of my category, getting approved by DOL. I inquired with them, and they said I should get a “good lawyer”. Getting good lawyer will solve my problem? The rule is still there.
You seem well experienced with immigration rules and regulations. Do you have any suggestions for me?
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| Advisor |
Posted
on 05-Sep-02 12:22 PM
Copy and pase:
1.
What happens at the Department of Labor?
Two offices of the DOL (state and federal) will separately and in sequence review the recruitment report. If the recruitment report succeeds in convincing both levels of DOL that appropriate recruitment was conducted and no minimally qualified Americans were available for the position, the U.S. DOL issues a labor certification.
What is a "Minimally Qualified American Worker"?
Labor certification only fails if qualified "American workers" apply for the position. An American worker is someone who is a permanent resident or citizen.
A labor certification is not threatened by the application of a nonimmigrant foreign national for the position.
(http://www.usavisanow.com/lcgreencard-overview.html)
2.
What is an Alien Employment Certification?
The Immigration and Nationality Act (INA) requires some aliens seeking to immigrate because they have been offered employment in the U.S. to first receive a labor certification from the U.S. Department of Labor (USDOL). The Secretary of Labor must make two findings as part of the labor certification:
At the time the application is filed, qualified U.S. workers cannot be found in the area of intended employment who are available, willing, and able to fill the position offered to the foreign worker;
Employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
(http://www.michalienlaborcert.org/FAQ/freqquest.htm)
3.
The employer must take a minimally-qualified U.S. worker over a foreign worker with superior skills. U.S. worker does not even have to meet the minimum qualifications for the job if DOL determines that some other combination of training, experience, and education will satisfy them. Similarly, a U.S. applicant cannot be rejected even if the credentials don't not match verbatim in recruitment ads. The employer must hire what it advertises, and any discrepancies work against the foreign worker. Employers have to be mindful that the burden of proof in the labor certification process is always on them. US workers may not be dismissed from consideration for being "over qualified."
(http://www.immihelp.com/gc/employment/labor/recruitment.html)
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