Attorney Rupal Parikh Aristimuno, J.D., L.L.M, is an expert immigration lawyer, with over twelve years’ experience practicing immigration law. Her law firm helps individuals and families find the best ways to Labor Certifications. Her law firm is headquartered in Montclair, New Jersey, just 30 minutes from New York City. Attorney Rupal’s law firm offers client services nationwide, solving the immigration needs of individuals, families, and businesses.
Attorney Rupal can help you
with all your immigration law needs.
Most employment-based green cards require your employer to obtain a Labor Certification to prove that there are no suitable U.S. candidates for your position. Attorney Rupal Parikh Aristimuno would be happy to assist you and your employer with this process.
If you would like your employer to sponsor you for a green card in the United States, you should first get the Labor Certification from the Department of Labor (DOL). This is the first step in the green card process. The labor certification is for a job in future, which is currently available to test the labor market. It is open for U.S. workers (U.S. citizens and lawful permanent residents). The employer, not the alien beneficiary, is charged with the duty to complete labor certification process.
U.S. employers may decide to petition for an immigrant worker after an extensive, and unsuccessful, recruitment process in the domestic labor market. In this process a sponsoring employer files an application with the U.S. Department of Labor essentially stating that it is not possible to find a qualified U.S. worker to fill a position. The foreign worker is sponsored for permanent residency on the basis that he or she has the qualifications to fill the position. For the application to be approved, the employer is required to undergo a process of recruitment to prove to the Department of Labor that there are no U.S. workers qualified and available. The Department of Labor then certifies that the alien worker will not displace nor adversely affect the wages and working conditions of U.S. workers who are similarly employed.
In order to get the labor certificate approved, the wage being offered to the alien must meet likely U.S. Department of Labor prevailing wage standards. As many employers are not comfortable advertising the exact wages, they can post a range of wages. Minimum requirements for the job opportunity must be carefully analyzed, and they should be consistent with the standards established by the Department of Labor for job duties and requirements. Preventing immigrant labor from depressing the wages for American workers is one of the major reasons for the complexity of this process, and the failure of an employer to offer the prevailing wage can seriously jeopardize your application process.
Jobs must be full time and “permanent” and located in United States. The job requirements must be reasonable, and the job opportunity should not involve unlawful discrimination. Further, the job should not be available because of a strike or lockout. The terms, conditions, and environment of the job should not be contrary to law. The job opportunity has been and should clearly be open to any qualified U.S. worker.
A labor certificate is valid indefinitely once granted, provided the job for which it was approved is still available. Getting a labor certificate approved does not change the person’s non-immigrant status. He or she still maintains the same non-immigrant status.
Previously, the process of filing a labor certificate involved either filing a regular labor certification or RIR, Reduction in Recruitment. A new rule called PERM (Program Electronic Review Management) was implemented March 28, 2005 and all new labor certifications must now be filed under PERM. Under limited circumstances, it may be possible to “transfer” or “refile” the case under PERM if originally filed through former process.
- The first step is for your employer to file a detailed job description with your state’s State Employment Security Agency or State Workforce Agency. The description should include job duties, education requirements, training and experience, and wage offered. This application will also include a description of your qualifications. Our immigration attorneys can help draft these materials.
- The Department of State will assign a priority date for your case and will review the description to determine whether the wage and requirements are reasonable.
- Once the description is approved, your employer will conduct a “recruiting campaign.” They will advertise for the position and must interview all candidates who meet the minimum requirements. Attorney Rupal Parikh Aristimuno are very familiar with the recruiting process and can advise your employer on the best media for advertisements.
- Your employer will report their findings only when requested by the Department of Labor. Your employer with conduct interviews and keep records of these interviews. They may not hire an alien instead of a qualified U.S. citizen.
- If the Department of Labor finds that the process was conducted correctly and any U.S. candidates rejected in good faith, they will certify that there are no qualified U.S. workers for the position.
Immigration Attorney Rupal Parikh Aristimuno has extensive experience in solving even the most complex adjustment of status problems. She has worked extensively with individuals from all backgrounds to help achieve their goal of permanent residence in the U.S. She can work effectively with clients anywhere in the country.
Who can help me?
“Only attorneys or accredited representatives can give you legal advice about which forms to submit, explain immigration options you may have, and communicate with USCIS about your case.” USCIS
She provides unparalleled personal support throughout the entire process.
She explains each immigration process carefully, so that you know just what to expect: length of time, priority dates, evidence and documentation requirements, visa bulletins, interview process, and the affidavits of support that must be completed for the non-citizen relative.
For additional information about our client services in family immigration, contact Immigration Attorney Rupal Parikh Aristimuno by phone or e-mail.
Immigration Attorney Rupal can help
with your Adjustment of Status.
Call 1.973.577.6564 to schedule your consultation.