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Immigrant Visa/GC
PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment. … The U.S. employer requests a permanent labor certification by completing an Application for Permanent Employment Certification (“ETA Form 9089”).
Form I-140, Immigrant Petition for Alien Worker is a form submitted to the United States Citizenship and Immigration Services (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis.
Form I-485, Application to Register Permanent Residence or Adjust Status, is used by a person in the United States to apply for lawful permanent resident status.
Employer Compliances
Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers must complete the form. On the form, an employee must attest to his/ her employment authorization. The employee must present his/her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) the employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.
E-Verify is an Internet-based system that compares information entered by an employer from an employee’s Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility. The Immigration Reform and Control Act (IRCA) of 1986 requires employers to examine documentation from each newly hired employee to prove his or her identity and eligibility to work in the United States. This act led to the Form I-9, Employment Eligibility Verification requiring employees to attest to their work eligibility and employers to certify the documents presented appear to be genuine and relate to the individual. E-Verify is an Internet-based system that compares information from the Form I-9, Employment Eligibility Verification, to Department of Homeland Security (DHS), Social Security Administration (SSA), and Department of State (DOS) records to confirm that the employee is authorized to work in the United States.
Once you have accepted an offer of employment and completed Form I-9, the employer takes the information from your Form I-9 and enters it into E-Verify. E-Verify checks the information against records available to DHS and provides the employer with a CASE RESULT.
In accordance with 8 C.F.R. § 655.760(a), employers of H-1B non-immigrants must create and maintain public access files for each H-1B employee. Employers of H-1B workers must make available for public examination certain records related to the filing of the LCA. These records must be made available to any interested party and must be available within one day of the filing of the LCA. Therefore, it is best to create the public access file at the same time the LCA filing takes place. Because the documents in the file contain sensitive salary information, the identity of the individual to whom the LCA relates need not be shown anywhere in the file. The file may be identified by a number or other confidential marking system with a cross-reference set up by the employer to identify the actual employee to whom the LCA relates. Employers of foreign nationals holding H1B, H1B1, and E-3 statuses are held to certain requirements stemming from the underlying labor condition applications (LCAs) filed with the U.S. Department of Labor (DOL). One such requirement is to maintain a file that is available for public inspection. This is referred to as the public access file (PAF)..