Application For Employment Certificate Or Transferable Work: Fill & Download for Free

The Application ProcessThere are three main steps we advise people on LawTrades:The company files a Labor Certification Application (LCA) with the U.S. Department of Labor (DOL) making all the required certifications (as listed below).After the LCA is approved, the company files a Form I-129 requesting H-1B status for the employee and submits all supporting affidavits, documents and fees.After the Form I-129 is approved, if the employee is already inside the U.S., they are allowed to begin working on the start date; if they are outside the U.S., they are entitled to use the approved Form I-129 (and underlying documents) to apply for the H-1B.Required Employer Certifications & DocumentationThe minimum requirements companies must satisfy include:Proof of the existence of an employer-employee relationship - the company must have the ability to hire, fire, pay, supervise and control the employee’s work. Company ownership can be proven with organizational documents (e.g., Articles of Incorporation or Operating Agreements), Shareholder and Voting Agreements, Stock Option Programs, Securities Instruments and similar documentation.Proof that the position qualifies as a specialty occupation and at a minimum requires a Bachelor’s Degree (or its equivalent - e.g., license, certification or registration) that is related to the job. The USCIS relies on the Occupational Outlook Handbook published by the U.S. Department of Labor (DOL) in making that determination. Other documents that can be used to support the specialization include expert opinions on the relationship between the degree and the job, and affidavits and job listings from competitors or industry peers hiring for parallel positions.Documentation supporting that the business has a genuine business need to hire the H-1B worker.Proof that the employer has the financial means to pay wages for the foreseeable future. The ability to pay must be proven with the employee’s paystubs or recent W-2s; the company’s most recent tax returns or audited financial statements reflecting that net income is equal to or higher than the proposed salary; or financial statements or tax records showing the company’s net current assets are equal to or greater than the proposed salary in the covered years.Proof that the salary is equal to or greater than the prevailing wage. Geographic location is taken into account in addition to the type and level of the position, as well as related factors. This is proven usually with a Labor Certification Application (LCA) - certified by the DOL - that confirms that the employer is or will be paying wages that are consistent with those paid to similar workers in similar positions with comparable educational and experience levels.Proof that the foreign worker’s education level and experience are commensurate with the job’s requirements.Certification from the company that the employment won’t adversely affect the working conditions of similarly situated workers.Certification that there’s no strike or lockout implicating the worker’s job.Confirmation from the company of its legal obligation to pay the worker’s reasonable costs of transportation back to their home country in the event of a premature termination. (There is no such obligation is the employee quits.)Confirmation from the company that it is obligated to observe anti-discrimination laws with respect to foreign workers (e.g., no discrimination on the basis of national origin, gender, etc.).Confirmation from the company that it’s obligated to extend to the foreign worker the same benefits provided to U.S. employees (e.g., insurance, sick days, time off, stock options, vacation and any other benefits).Confirmation from the company that it’s obligated to observe the same policies, procedures and laws that apply to U.S. workers with respect to bonuses and promotions.ExtensionsIf you were in the US for a total of 6 years - not including business travel days or vacations abroad - then you’ll be required to leave the US for at least one year. We at LawTrades receive this question continually and have helped lots of people figure out effective answers, inexpensively.Here are some exceptions that might help you:You have a labor certification that was filed more than 365 days ago that’s been approved AND a pending I-140 (“Green Card”) petition - you’re eligible for a seventh year.Your employer filed a labor certification that’s been pending for 365 days - you’re eligible for a seventh year.Your I-140 petition was approved - you’re eligible for a three year extension no matter how long your labor certification has been pending.UpdatesThe US Citizenship and Immigration Services (USCIS) will begin accepting new H1B quota based visa applications on April 1, 2016. The earliest date to start work on those visas will be October 1, 2016. As a reminder, the cap on regular H-1Bs remains at 65,000 and at 20,000 for US Master Degree H-1Bs.Also, if you’re an employer with 50 or more employees, and more than half of those employees are H-1B, L-1A or L-1B visas, your fees went up as of December 18, 2015, and you will be paying a $4000 ‘special’ fee for new H-1Bs and transfers.Please message me directly if I can answer any additional questions you have about H-1B visas, green cards or other related matters. Also feel free to check out LawTrades for additional help with questions related to H-1B visas, employer requirements and any related issues.

PERM certification means that the job that you have now has been certified as eligible to be filled by an immigrant; that is, your employer has successfully certified to the Department of Labor that your position is one that cannot be filled by a domestic employee, and thus allowing an immigrant to fill it would not be taking a job away from a US citizen or lawful permanent resident. If you change jobs, that certification will be useless to you because you won't be in that job anymore, and you'll have to get a new PERM certification for whatever job you do move to. If your pending I-485 petition has been pending for at least 180 days when you change jobs, you can keep your priority date as long as the job you change to is in a "same or substantially similar" occupation to the one you were in when your I-485 was filed, but you'll still need to get a new PERM certification from the new employer. You may also need a new PERM certification if you get promoted or transferred within the same employer.Once your employer has gotten your job certified for PERM, they (not you) may file an I-140 petition on your behalf to initiate the process of getting you a green card. The date on which they file this petition establishes your "priority date". All communication related to this petition is sent to your employer, not to you; you will only find out that you've been approved if and when your employer tells you.Note also that your employer files the I-140, but they may or may not have filed an I-485 concurrently with it. If they didn't, you need to file an I-485 "adjustment of status" based on the I-140 as soon as possible to preserve your portability rights under AC21. The problem is that to file an I-485 based on an employer-filed I-140 is that you need the I-140 receipt or approval notice, or at least the I-140 case number; note that all of these things are in the control of your employer. If your employer will not give them to you, you will have to use the Freedom of Information Act to get them from USCIS. The fee for an I-485 filing is currently $1070 for most filers.If your petition is in a priority class that is oversubscribed, what the priority date does is determine when your petition will be eligible to be granted if it is otherwise approved. Most priority classes for employment-based immigration are oversubscribed. If your petition would otherwise be approved but your priority date has not been reached, your petition will be placed in a pending state until your priority date comes up. If you've only been in the US for two months, your employer's application for a green card on your behalf was filed in 2014, and you were born in India, you still have several years to go before your priority date comes up. If you qualify for EB-2 you're looking at sometime in 2018 at the earliest. If you're EB-3, you can probably expect to wait until around 2033 (no, I am not kidding) before your priority date comes up. So you're looking at either another two to three years, or about twenty years, depending on your job qualifications.You really should consider talking to an immigration attorney. The fact that your employer is withholding your I-140 receipt number from you suggests that your employer is trying to use your immigration status to control you, and thus means that your employer is working against your interests rather than in them. I strongly urge you to find an immigration attorney and direct your questions about the immigration process to that attorney, and not to the Internet at large.

Iceland sounds like a perfect place for you. It’s cold, quiet and very dark in the winter time.For U.S. citizen, you would need to apply for a job here in order to get a permanent stay.F.Y.IApplication must be submitted at the Directorate of Immigration along with applicable supporting documents. The Directorate of Labour issues work permits in Iceland. The Directorate of Labour must issue a work permit in order for the Directorate of Immigration to issue a residence permit based on employment. Further information on processing residence and work permits is here.Application must be submitted before the applicant arrives in Iceland. If the applicant comes to Iceland as a tourist before the application is approved, processing of the application will be halted and a permit will not be issued. If the applicant is in Iceland, but wants to be granted a residence permit, he/she must leave the country.If a residence permit is granted, the applicant can travel to Iceland. The procedures from the time a permit is granted until a residence permit card is issued are explained here.If a residence permit is not granted, information on appeal procedure is explained here.There are three categories of residence and work permits:Qualified professionals - Article 12 of the Act on Foreigners.Residence permits may be issued on grounds of specific employment in Iceland which is not a temporary project. According to the Foreign Nationals Right to Work Act, the applicant must be qualified in a field needed by the employer and be at the level of university education or vocational or technical qualifications as approved in Iceland. Further information on the rights associated with this type of permit is here.Athletes - Article 12 b. of the Act on Foreigners.Residence permits may be issued for athletes and coaches at sports clubs within the National Olympic and Sports Association of Iceland. The sports clubs are listed on the webpage of the Association. Further information on the rights associated with this type of permit is here.Temporary shortage of labourers - Article 12 a. of the Act on Foreigners.Residence permits may be issued on grounds of temporary shortage of labourers when workers cannot be found within the local workforce or within the EEU or the Faroe Islands. These are temporary permits which may only be renewed once. The Directorate of Labour provides further information on shortage of labourers. Further information on the rights associated with this type of permit is here.Useful information:General information on residence permitsBasic requirements for residence permitsDetailed requirements for residence permitsInformation on application process and processing timeProcessing fee, an application will not be processed until the fee has been paid.Rights associated with residence permitsFAQIn order to be granted a work and residence permit, the applicant must fulfill basic and specific requriements.Documents to be submitted by applicants:Checklist for basic requirements and checklist for specific requirements. Print both checklists and check them when gathering documents. Please include the completed lists with the application.Receipt for payment of processing fee (if the fee has been paid by bank transfer). The receipt must state clearly the name and birthdate of the applicant.Application for a residence permit, form must be original, completed and signed by the applicant.Passport size photo (35mm x 45mm)Copy of passport (does not need to be confirmed). The validity of the passport must be at least three months beyond the validity of the residence permit. The copy should be of the main page and the page with the applicant’s signature.Confirmed original of a foreign criminal record certificate. The criminal record certificate shall not be older than six months. Criminal record certificates shall be submitted from all the states where the applicant has resided for the past five years. Note the requirement of the certification of the criminal record certification, i.e. apostille certification or double authentication, see here.Housing certificate or rental agreement, unless the applicant owns the property in Iceland.Medical insurance. Applicants must submit a confirmation of insurance that is valid for at least six months, minimum coverage ISK 2,000,000, from an insurance company that is licensed to operate in Iceland, see here.Application for applicable work permit:Application for a work permit for a qualified professionalApplication for a work permit based on shortage of labourersApplication for a work permit for an athleteEmployment contract. Wages must meet minimum support requirements. Application for a work permit and the employment contract must be signed by the applicant and the employer and endorsed by the applicable trade union, see here.Further documentation that may be submitted:Power of attorney, original, witnessed by two adult witnesses. Note. A power of attorney needs not be submitted unless the applicant wants someone other than him/her to receive information about the processing of the application by the Directorate.It is the applicant‘s responsibility to submit the documents on the checklist. If all the required documents are not submitted with the application, this could result in delays in processing the application or in a denial. The Directorate of Immigration may request additional documents in some cases.RENEWALA residence and work permit may be renewed if the applicant still fulfills the requirements. Please note that a residence permit based on shortage of labourers may only be renewed once.An application for a renewal must be submitted at least one month before the current permit expires. If the application is submitted later, it is not considered to be a renewal, but a first permit.Applicant must apply personally at the Directorate’s office or at the offices of District Commissioners. The applicant will be photographed and he/she must bring his/her passport.Documents that must be submittedChecklist for renewals. Print the checklist and check it when gathering documents. Please include the completed list with the application.Application for a residence permit, form must be original, completed and signed by the applicant.Copy of passport (does not need to be confirmed). The validity of the passport must be at least three months beyond the validity of the residence permit. The copy should be of the main page and the page with the applicant’s signature.Application for applicable work permit:Application for a work permit for a qualified professionalApplication for a work permit based on shortage of labourersApplication for a work permit for an athleteEmployment contract. Wages must meet minimum support requirements. Application for a work permit and the employment contract must be signed by the applicant and the employer and endorsed by the applicable trade union, see here.Further documentation that may be submitted:Power of attorney, original, witnessed by two adult witnesses. Note. A power of attorney needs not be submitted unless the applicant wants someone other than him/her to receive information about the processing of the application by the Directorate.It is the applicant‘s responsibility to submit the documents on the checklist. If all the required documents are not submitted with the application, this could result in delays in processing the application or in a denial. The Directorate of Immigration may request additional documents in some cases.