{"id":710,"date":"2021-12-20T16:29:27","date_gmt":"2021-12-20T16:29:27","guid":{"rendered":"https:\/\/www.paschal-law.com\/blog\/?p=710"},"modified":"2022-07-28T19:47:46","modified_gmt":"2022-07-28T19:47:46","slug":"u-s-employers-can-tap-talent-pool-overseas-to-meet-their-needs-for-foreign-workers","status":"publish","type":"post","link":"https:\/\/www.paschal-law.com\/blog\/u-s-employers-can-tap-talent-pool-overseas-to-meet-their-needs-for-foreign-workers\/","title":{"rendered":"U.S. employers can tap talent pool overseas to meet their needs for workers"},"content":{"rendered":"

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In the last year, we have met with several businesses anxious about finding workers to fill their open positions, especially with current U.S. low unemployment rates. \u00a0For most businesses with job openings that do not require a bachelor’s degree or U.S. licensures, looking overseas for workers is a realistic avenue to meet their needs as there exists a path for employees and their immediate family members to enter the U.S. as Permanent Residents. The current job market and U.S. Immigration outlook make this even more attractive for employers with connections to reliable talent pools overseas.<\/p>\n

This path is the Employer-sponsored Permanent Residence through the Program Electronic Review Management (PERM) process.\u00a0 PERM can address the employer\u2019s needs, provided the employer is patient enough for the process \u2014 approximately 2 years for candidates from countries other than India and China \u2014 and is willing to make the financial investment to secure foreign national employees. For some employers, this also presents an opportunity to create a future in the U.S. for some deserving candidates and their families.<\/p>\n

The first step<\/strong> is the Labor Certification<\/a> process<\/a>, wherein the employer, through job advertising and postings, will test the U.S. labor market to show that there are no U.S workers ready and willing to do the job. The employer will also need to secure a Prevailing Wage Determination<\/a> from the Department of Labor (DOL) showing the minimum wage the employer must offer for the position. If the recruitment exercise shows that there are qualified U.S. workers willing and ready to take the job, then the employer cannot proceed further with the process. If, on the other hand, there are no qualified U.S. workers ready for the job, then the employer may proceed with the next steps. After the recruitment exercise, the employer submits the PERM application to the DOL for certification, a process which can take several months to be certified. In some cases, the DOL may audit the application to make sure the employer complied with the requirements of the law, which could extend the timeframe of the process by a few months.<\/p>\n

The second step<\/strong> is the I-140 Immigration petition for the worker. Critical for this step is that the employer proves their ability to pay the wage offered. This petition could take several months to be adjudicated, but with the payment of $2500 premium processing<\/a> fee per application, the USCIS will adjudicate the petition within 15 business days.<\/p>\n

The third and final<\/strong> step is for the employee to submit the Immigrant Visa<\/a> application and wait for an appointment date at the U.S. consulate in their home country for visa issuance. For the employees physically present in the U.S., and for whom visas are immediately available, they may complete this step concurrently with the second step.<\/p>\n

The employer may contractually require a foreign national to pay back all or part of the legal and\/or Immigration Service fees if the employee leaves their employment within a certain period after obtaining permanent residency status. The law in 20 C.F.R \u00a7656.12(b)requires that the employer must bear cost for the Labor Certification process; the rest of the fees may be borne by the employee or third parties.<\/p>\n

To discuss how we can help you or your business with this process, please schedule a consultation<\/a> with our attorneys.<\/p>\n","protected":false},"excerpt":{"rendered":"

In the last year, we have met with several businesses anxious about finding workers to fill their open positions, especially with current U.S. low unemployment rates. \u00a0For most businesses with job openings that do not require a bachelor’s degree or U.S. licensures, looking overseas for workers is a realistic avenue to meet their needs as […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1,4],"tags":[],"class_list":["post-710","post","type-post","status-publish","format-standard","hentry","category-blogs","category-immigration"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.paschal-law.com\/blog\/wp-json\/wp\/v2\/posts\/710"}],"collection":[{"href":"https:\/\/www.paschal-law.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.paschal-law.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.paschal-law.com\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.paschal-law.com\/blog\/wp-json\/wp\/v2\/comments?post=710"}],"version-history":[{"count":5,"href":"https:\/\/www.paschal-law.com\/blog\/wp-json\/wp\/v2\/posts\/710\/revisions"}],"predecessor-version":[{"id":716,"href":"https:\/\/www.paschal-law.com\/blog\/wp-json\/wp\/v2\/posts\/710\/revisions\/716"}],"wp:attachment":[{"href":"https:\/\/www.paschal-law.com\/blog\/wp-json\/wp\/v2\/media?parent=710"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.paschal-law.com\/blog\/wp-json\/wp\/v2\/categories?post=710"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.paschal-law.com\/blog\/wp-json\/wp\/v2\/tags?post=710"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}