VISANOW HIGHLIGHTS IMPACT OF
RECENT CHANGES TO THE LABOR
CERTIFICATION PROCESS ON EMPLOYERS
VISANOW Outlines the Revisions
and their Implications for Corporate
HR Departments along with Suggested
Best Practices
CHICAGO, IL August 8,
2007 – The
Department of Labor (DOL) recently
implemented significant changes to
the labor certification process
directly impacting employers that
hire foreign nationals for
employment in the United States.
Labor certification is a key stage
of the more commonly referred to
employment-based “Green Card”
process. Issued by the DOL, a
permanent labor certification is the
first step in the process allowing
an employer to hire a foreign worker
for permanent employment in the U.S.
To help companies successfully
manage the newly revised labor
certification filing process,
VISANOW has outlined the changes and
offers the following recommendations
for employers:
1. The new law prohibits the
substitution of alien beneficiaries
on permanent labor certification
applications, which means employers
cannot substitute a new employee for
labor certification if the original
employee that applied has left the
company. Substitutions have often
been used in the past to reduce the
amount of time needed to provide a
green card for employers and can be
used as a recruiting tool.
• Consistently monitor
progress to ensure case keeps
moving forward. Navigating
the process for obtaining an
employment-based green card
involves a number of stages
including filing the following
forms:
1. The Program Electronic
Review Management (PERM) Labor
Certification and submission of
Form ETA 9089;
2. Form I-140 – an
employment-based immigration
petition; and
3. Form I-485 – the adjustment
of status application for
permanent residency.
Monitoring and tracking the
multiple forms, deadlines and
application stages through the
process is crucial to maintain
forward progress on the case and
ensure the green card can be
obtained as soon as possible.
VISANOW recommends finding a
legal services provider
utilizing technology that helps
manage the labor certification
process in a timely and
efficient manner. For example,
the partner should provide
real-time access to expiration
dates and centralized document
tracking capabilities.
2. Employers must abide by a
180-day “validity period”, which
limits the filing period for an
approved permanent labor
certification in support of a Form
I-140 (second step in process for
obtaining an employment-based green
card) to 180 calendar days. The time
required to compile the extensive
information necessary for the Form
I-140 may take more than 180 days.
• Always prepare ahead of
time. Employers should take
the necessary steps to correctly
prepare and gather the required
support documentation beforehand
to ensure they can move forward
with the Form I-140 submission
as soon as they receive their
labor certification approval.
Once a labor certification is
approved, employers can
immediately file the I-140 form
for their employees if they are
prepared.
3. Employers are now required to
pay the costs of preparing, filing
and obtaining the labor
certification and can no longer pass
along the costs incurred for this
application to their employees.
• Eliminate unnecessary
costs. It is cost efficient
for employers to work with a
legal services provider that
leverages technology. By every
measurement, it is less
expensive to deliver legal
services via a technology-driven
model than the traditional
billable hours-based law firm
model. As a result, corporations
who work with legal services
providers committed to
innovative technology
applications can strengthen
performance while minimizing
their outsourcing costs.
Leading immigration solutions
provider VISANOW has helped hundreds
of companies successfully file
applications for foreign workers to
gain permanent residence. Delivering
technology-based services, VISANOW
streamlines the immigration process
for companies and their foreign
employees, providing substantial
savings and higher approval ratings
than traditional law firms.
About VISANOW
VISANOW has redefined the way
immigration services are delivered
with a process that consistently
provides faster responses, allows
greater access to information and
saves time. Since 1998, VISANOW has
combined superior client support and
innovative technology designed to
simplify the immigration process for
corporations and their foreign
employees.
Contact: Paul Colman
312-525-2819
colman@visanow.com
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