Wage determination and timeline
- Thread starter nazar05
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johnnymnemonic
Registered Users (C)
unsure said:
Until now we didn't get any of candidates....
Paper for I140:
1. Academic equivalency evaluation - master,
2. 8 passport pix,
3. Medical exam about your health,
4. The last 3 months of your bank statement,
5. Copy and translation of your birthday certicate,
6. Copy and translation of your marriage certificate,
7. Some sensitive information about your company.
johnnymnemonic
Registered Users (C)
unsure said:
I140+ I485 together......I have a friend who started the GC at the same time with me(octomber) and he got the Perm last week. Now he is preparing for both steps because if you are from Europe you can fill up the forms(I140, I485) together.
johnnymnemonic
Registered Users (C)
info
Most positions require advertisements on two different Sundays in a newspaper of general circulation in the area of intended employment. In those areas with multiple newspapers of general circulation, the employer is required to utilize the one that is most appropriate for the occupation and the job seekers most likely to apply for the position. These newspaper advertisements may be documented by "tear sheets." Tear sheets are pages provided by the newspaper that prove that the advertisement was placed. A tear sheet is typically a copy of the exact page of the publication in which the advertisement ran. If the newspaper does not provide tear sheets, the employer may also make an exact copy of the page in which the advertisement ran. It is a good idea to retain proof of payment for the advertisement, as well.
©MurthyDotCom
If the job is in a rural area where there is no Sunday edition of the newspaper, the employer is permitted to use the newspaper in the area with the widest circulation in the area of intended employment. In addition to keeping the tear sheet, the employer may wish to keep proof that there are no appropriate papers with Sunday editions and that the newspaper selected does have the widest circulation.
©MurthyDotCom
If the job is for a professional position that requires an advanced degree and experience, the second ad may be in a professional journal that is most likely to bring responses from able, willing, qualified, available U.S. workers. Proof that a journal ad ran may be a tear sheet or other exact copy of the page in the journal in which the advertisement appeared.
©MurthyDotCom
All proof of print ads should include the name of the publication in which the ad appeared. It should also include the exact date the ad appeared, if the ad is in a newspaper, or the edition in which the ad appeared, if it is a journal. If a journal has editions such as "Winter 2005," it is a good idea to get details from the journal showing when the edition is first made available to subscribers and when the next edition is to be issued.
©MurthyDotCom
Professional Recruitment Requirements
©MurthyDotCom
The PERM regulations require that employers conduct at least three out of a possible ten additional forms of recruitment if the position the employer seeks to fill with the labor certification is for a professional position. The DOL has indicated that employers cannot generally use the same type of recruitment twice to satisfy the 3-out-of-10 requirement. If an employer is unsure whether a position is a professional position or a nonprofessional position, it is generally a good idea to assume that it is a professional position and conduct the additional forms of recruitment.
©MurthyDotCom
Job Fairs : Job fairs are by a variety of organizations. If an employer is participating in a job fair, it should be a job fair that it is likely applicants for the job offered will attend. For example, if the employer is seeking to fill a computer professional job, the employer generally should not assume that participating in a health care professional job fair would be adequate to satisfy this requirement. The DOL has stated that brochures advertising the fair and newspaper advertisements naming the employer as a participant are sufficient evidence of participation. An especially prudent employer may also want to take pictures of the booth at the job fair.
©MurthyDotCom
Employer Website : If the employer usually advertises open positions on its website, this is an excellent, cost-efficient tool available for recruitment. The employer should print a copy of the website advertisement, including a date stamp, on the first day of advertising, and another copy on the last day of advertising the position, at least. An especially prudent employer may wish to print the ad, with a date stamp, every day that it appears on the website. The DOL has not established a minimum number of days that the advertisement must be available on the employer website. To try to avoid questions of good faith and sufficiency, however, employers may want to analyze this from the perspective of the normal business practice they would follow if conducting recruitment unrelated to an immigration case. It is advisable, certainly, not to merely put the advertisement up for a very brief period, as the CO may determine during an audit that the advertisement was not sufficient and perhaps even find that the recruitment was not in good faith.
©MurthyDotCom
Other Job-Search WebSites : As with the employer's website evidence, the employer should print a copy of the website advertisement, with a date stamp, on the first day of advertising, and another copy at least on the last day of advertising the position. If the newspaper that runs the Sunday advertisement provides a website advertisement in conjunction with the newspaper advertisement, as some do, it is permissible to use that website advertisement as documentation of job search website recruitment.
©MurthyDotCom
On-Campus Recruiting : The employer can prove on-campus recruitment efforts by providing copies of the notification issued or posted by a college or university placement office. The notice should include the employer's name and the date/s interviews are conducted. It is questionable whether recruiting on-campus will be considered sufficient if the job requires much, if any, experience. Further, if the job is in one state (e.g. Iowa), the employer would need to satisfactorily explain the decision to conduct college recruitment in another state, (e.g. Hawaii). If the reason is not plausible, the CO may require supervised recruitment and/or deny the case with a finding that the recruitment was not in good faith. Of course, many recent graduates are flexible about relocation and larger, national employers often do recruit throughout the country at schools with programs likely to produce desirable job candidates.
©MurthyDotCom
Trade or Professional Organizations : The employer may document this method of recruitment with a copy of the page/s of the newsletter/s or trade journal/s carrying the advertisements. Again, the trade or professional organization should be related to the occupation in some logical way.
©MurthyDotCom
Private Employment Firm : The employer should use documentation sufficient to demonstrate that recruitment has been conducted by a private firm. Evidence may include contracts between the employer and the employment firm and copies of the advertisements that the employment firm placed to attract potential, qualified job seekers.
©MurthyDotCom
Employer Referral Program with Incentives : Proof of in-house Employer Referral Program with Incentives recruitment efforts may include dated copies of employer notices or memoranda that explain the program and specify the incentives offered. An incentive is a benefit or entitlement beyond those an employee typically receives from the employer. Incentives could include additional money beyond the employee's normal pay, extra time off with pay, or a gift certificate for dinner or entertainment. There is no minimum value for the incentive, but it should be sufficient to actually entice the typical employee to participate in the program.
©MurthyDotCom
Campus Placement Offices : The employer may document the use of Campus Placement Offices with a copy of the notice of the job opportunity offered, as it is provided to the campus placement office. Ideally, the campus placement office will confirm that it has made the notice available to its users. A campus placement office is a more passive form of recruitment than on-campus recruiting, when the employer is available on campus for interviews. Through the Campus Placement option, the onus is on the candidate to approach the employer on his/her own. Recruiting for positions that require experience again may be questionable unless the campus placement office has a strong program used by alumni in their job searches. The issue of using a school in one state for a job in another state may also apply to campus placement recruitment as with with on-campus recruiting.
©MurthyDotCom
Local and Ethnic Newspapers : Proof of a local or ethnic newspaper ad may be a tear sheet or other exact copy of the page in the newspaper in which the advertisement appeared.
©MurthyDotCom
Radio and Television Advertisements : The employer may prove this method of recruitment by providing a copy of the text used for the ad, along with a written confirmation from the radio or television station stating when the advertisement was aired.
©MurthyDotCom
Conclusion : It is beneficial to employers that the DOL provides many options for fulfilling professional recruitment. It is important for employers, however, to use at least three methods that make sense for the job offered to show the CO, if required, that the recruitment was in good faith. It is equally important to maintain documentation of the recruitment efforts, not only for the period prior to the approval of the PERM labor certification, but for the 5-year period required under the regulation during which the DOL could conduct an audit of the employer under PERM.
Most positions require advertisements on two different Sundays in a newspaper of general circulation in the area of intended employment. In those areas with multiple newspapers of general circulation, the employer is required to utilize the one that is most appropriate for the occupation and the job seekers most likely to apply for the position. These newspaper advertisements may be documented by "tear sheets." Tear sheets are pages provided by the newspaper that prove that the advertisement was placed. A tear sheet is typically a copy of the exact page of the publication in which the advertisement ran. If the newspaper does not provide tear sheets, the employer may also make an exact copy of the page in which the advertisement ran. It is a good idea to retain proof of payment for the advertisement, as well.
©MurthyDotCom
If the job is in a rural area where there is no Sunday edition of the newspaper, the employer is permitted to use the newspaper in the area with the widest circulation in the area of intended employment. In addition to keeping the tear sheet, the employer may wish to keep proof that there are no appropriate papers with Sunday editions and that the newspaper selected does have the widest circulation.
©MurthyDotCom
If the job is for a professional position that requires an advanced degree and experience, the second ad may be in a professional journal that is most likely to bring responses from able, willing, qualified, available U.S. workers. Proof that a journal ad ran may be a tear sheet or other exact copy of the page in the journal in which the advertisement appeared.
©MurthyDotCom
All proof of print ads should include the name of the publication in which the ad appeared. It should also include the exact date the ad appeared, if the ad is in a newspaper, or the edition in which the ad appeared, if it is a journal. If a journal has editions such as "Winter 2005," it is a good idea to get details from the journal showing when the edition is first made available to subscribers and when the next edition is to be issued.
©MurthyDotCom
Professional Recruitment Requirements
©MurthyDotCom
The PERM regulations require that employers conduct at least three out of a possible ten additional forms of recruitment if the position the employer seeks to fill with the labor certification is for a professional position. The DOL has indicated that employers cannot generally use the same type of recruitment twice to satisfy the 3-out-of-10 requirement. If an employer is unsure whether a position is a professional position or a nonprofessional position, it is generally a good idea to assume that it is a professional position and conduct the additional forms of recruitment.
©MurthyDotCom
Job Fairs : Job fairs are by a variety of organizations. If an employer is participating in a job fair, it should be a job fair that it is likely applicants for the job offered will attend. For example, if the employer is seeking to fill a computer professional job, the employer generally should not assume that participating in a health care professional job fair would be adequate to satisfy this requirement. The DOL has stated that brochures advertising the fair and newspaper advertisements naming the employer as a participant are sufficient evidence of participation. An especially prudent employer may also want to take pictures of the booth at the job fair.
©MurthyDotCom
Employer Website : If the employer usually advertises open positions on its website, this is an excellent, cost-efficient tool available for recruitment. The employer should print a copy of the website advertisement, including a date stamp, on the first day of advertising, and another copy on the last day of advertising the position, at least. An especially prudent employer may wish to print the ad, with a date stamp, every day that it appears on the website. The DOL has not established a minimum number of days that the advertisement must be available on the employer website. To try to avoid questions of good faith and sufficiency, however, employers may want to analyze this from the perspective of the normal business practice they would follow if conducting recruitment unrelated to an immigration case. It is advisable, certainly, not to merely put the advertisement up for a very brief period, as the CO may determine during an audit that the advertisement was not sufficient and perhaps even find that the recruitment was not in good faith.
©MurthyDotCom
Other Job-Search WebSites : As with the employer's website evidence, the employer should print a copy of the website advertisement, with a date stamp, on the first day of advertising, and another copy at least on the last day of advertising the position. If the newspaper that runs the Sunday advertisement provides a website advertisement in conjunction with the newspaper advertisement, as some do, it is permissible to use that website advertisement as documentation of job search website recruitment.
©MurthyDotCom
On-Campus Recruiting : The employer can prove on-campus recruitment efforts by providing copies of the notification issued or posted by a college or university placement office. The notice should include the employer's name and the date/s interviews are conducted. It is questionable whether recruiting on-campus will be considered sufficient if the job requires much, if any, experience. Further, if the job is in one state (e.g. Iowa), the employer would need to satisfactorily explain the decision to conduct college recruitment in another state, (e.g. Hawaii). If the reason is not plausible, the CO may require supervised recruitment and/or deny the case with a finding that the recruitment was not in good faith. Of course, many recent graduates are flexible about relocation and larger, national employers often do recruit throughout the country at schools with programs likely to produce desirable job candidates.
©MurthyDotCom
Trade or Professional Organizations : The employer may document this method of recruitment with a copy of the page/s of the newsletter/s or trade journal/s carrying the advertisements. Again, the trade or professional organization should be related to the occupation in some logical way.
©MurthyDotCom
Private Employment Firm : The employer should use documentation sufficient to demonstrate that recruitment has been conducted by a private firm. Evidence may include contracts between the employer and the employment firm and copies of the advertisements that the employment firm placed to attract potential, qualified job seekers.
©MurthyDotCom
Employer Referral Program with Incentives : Proof of in-house Employer Referral Program with Incentives recruitment efforts may include dated copies of employer notices or memoranda that explain the program and specify the incentives offered. An incentive is a benefit or entitlement beyond those an employee typically receives from the employer. Incentives could include additional money beyond the employee's normal pay, extra time off with pay, or a gift certificate for dinner or entertainment. There is no minimum value for the incentive, but it should be sufficient to actually entice the typical employee to participate in the program.
©MurthyDotCom
Campus Placement Offices : The employer may document the use of Campus Placement Offices with a copy of the notice of the job opportunity offered, as it is provided to the campus placement office. Ideally, the campus placement office will confirm that it has made the notice available to its users. A campus placement office is a more passive form of recruitment than on-campus recruiting, when the employer is available on campus for interviews. Through the Campus Placement option, the onus is on the candidate to approach the employer on his/her own. Recruiting for positions that require experience again may be questionable unless the campus placement office has a strong program used by alumni in their job searches. The issue of using a school in one state for a job in another state may also apply to campus placement recruitment as with with on-campus recruiting.
©MurthyDotCom
Local and Ethnic Newspapers : Proof of a local or ethnic newspaper ad may be a tear sheet or other exact copy of the page in the newspaper in which the advertisement appeared.
©MurthyDotCom
Radio and Television Advertisements : The employer may prove this method of recruitment by providing a copy of the text used for the ad, along with a written confirmation from the radio or television station stating when the advertisement was aired.
©MurthyDotCom
Conclusion : It is beneficial to employers that the DOL provides many options for fulfilling professional recruitment. It is important for employers, however, to use at least three methods that make sense for the job offered to show the CO, if required, that the recruitment was in good faith. It is equally important to maintain documentation of the recruitment efforts, not only for the period prior to the approval of the PERM labor certification, but for the 5-year period required under the regulation during which the DOL could conduct an audit of the employer under PERM.
johnnymnemonic
Registered Users (C)
unsure said:I am giving up!! I can't figure out what the lawyer is doing. The ad in caljobs (posted on 01/10/07) is gone. The ad in AJB is still there, with post/mod date 02/08/07!!! It doesn't make ANY sense
maybe caljobs was placed for number of days. About AJB I don't understand....
I found online that caljobs is the official website of the california department of labor. caljobs places all their ads in ajb, the next day. So, the stupid ad was supposed to go away tomorrow. Starting from Jan 10th (counting jan 10th as 1st day) the 30th day is Feb 8th. So it was supposed to be here today. Unless it was placed on Jan 9th and this is counted as the first day. But I have no rational explanation about AJB. Why is it still there with the same numbers and a new date. I am completely lost now. I only hope that they will not count Feb 8th as the first day. That will be a bummer...
johnnymnemonic
Registered Users (C)
unsure said:
Unsure,
After we whould finish the ads(march9) we suppose to have another month to wait for Perm(30 days). OK? But my concern is if in this month the candidates will show up I don't know what to do...
What do you think about it????Well, first I think that is unlikely any candidates to show up in these 30 days. You will take off all ads, i.e. you will not advertise any more. How they will show up? People tend to apply only for "fresh" ads. I would never submit a resume for a position that is several days old. That is why the recruitment agencies repost their positions every two weeks. (I spend a long long time on the job market, attended several workshops, etc. And I have quite a number of friends that looked for a job in USA after graduation, so I am pretty familiar with the job search process).
Second, when a candidate shows up, you need to disqualify him/her. e.g. show that they don't have the knowledge/skills you require in the ad. Maybe they have lower degree, or don't know C or whatever you put in the ad. Your lawyer should have an idea. My husband is also worried about possible candidates, but I have not read on the forum yet that a candidate that cannot be disqualified surfaced during the search.
Second, when a candidate shows up, you need to disqualify him/her. e.g. show that they don't have the knowledge/skills you require in the ad. Maybe they have lower degree, or don't know C or whatever you put in the ad. Your lawyer should have an idea. My husband is also worried about possible candidates, but I have not read on the forum yet that a candidate that cannot be disqualified surfaced during the search.
johnnymnemonic
Registered Users (C)
unsure said:
My husband is not worried about candidates . I AM!!!!I was talking with romanian girl about european diploma. On the same sheet the Trustforte Comp. placed the evaluation for 5 years Diploma Engineer(Master Degree) and Bachelor Art in Education. I don't know if this it will be a problem for IRS on stage I140. I need to ask my lawyer about it.
Don't worry about candidates. I am sure that they worded the ad in such a way that there won't be many candidates.
Also, don't worry about the evaluation. In the american system you can't have masters if you don't have bachelors. That is why they wrote that the has both degrees. Otherwise somebody in ISCIS can start asking questions.
Lastly, at this stage all is out of our control. Worried or not, we can't do anything. At least you can talk to the lawyer, and ask how it is going. I can't. Still have not solved the mistery with the ads, but my guess is that we lost a month of advertising and now the start date is Feb. 8th.
Also, don't worry about the evaluation. In the american system you can't have masters if you don't have bachelors. That is why they wrote that the has both degrees. Otherwise somebody in ISCIS can start asking questions.
Lastly, at this stage all is out of our control. Worried or not, we can't do anything. At least you can talk to the lawyer, and ask how it is going. I can't. Still have not solved the mistery with the ads, but my guess is that we lost a month of advertising and now the start date is Feb. 8th.
johnnymnemonic
Registered Users (C)
Unsure,
you said this:You can check your credit score online, it is free. Everyone is entitled to get one free credit report per year, there is a cite where you register and get it. As far as I recall only 15% of the score is history. With downpayment you don't need excellent score though. OK?
We tried to got from the internet free credit score but we didn't find. Only credit history. Can you tell the site where I can find this?
you said this:You can check your credit score online, it is free. Everyone is entitled to get one free credit report per year, there is a cite where you register and get it. As far as I recall only 15% of the score is history. With downpayment you don't need excellent score though. OK?
We tried to got from the internet free credit score but we didn't find. Only credit history. Can you tell the site where I can find this?
johnnymnemonic
Registered Users (C)
unsure said:
" The follwing is analysis and advisory evaluation of the academic credentials of Mr. MDFJ. As discussed herein, Mr MHK completed a joint bcahelor's and master's program of study in Computer Engineering and Bachelor's level program in Education at....Based on the foregoing academic credentials, I find that Mr. MHJJ attained the equivalent of Master of Science Degree in Computer Eng and Bachelor of Arts Degree in Education from an accredited US college or university"
What do you think about it?
I have never gotten credit reports or score from a site, I am too afraid to enter the information. I went to the local credit union and they did this for me - for free. Also my landlord pulled the credit score when we were moving, I paid $25 for this.
My colleagues go to their banks and ask them to do it, so they are not charged. I was thinking to do annualcreditreport.com, as it is nearly a year I have not checked the score.
My colleagues go to their banks and ask them to do it, so they are not charged. I was thinking to do annualcreditreport.com, as it is nearly a year I have not checked the score.
johnnymnemonic
Registered Users (C)
unsure said:
The romanian girl told me that the IRS at the stage I140 doesn't like to see different degree or combination of degree.
My husband has two Masters - one from BG in Computer Science and one from USA in Electrical Engineering. The BG masters is 5 year program + thesis. Our lawyers decided to use the BG masters for the GC, as his work experience is after the degree. I am not happy about this, as the USA one is "cleaner". The paralegal told me that they have done several GC with such masters and it is going just fine.