Hello!

Could you please advise me that what is Labor Certification and how can I obtain it? I'm Canadian citizen.

Dear Anonymous:

Briefly, labor certification is where a US business or individual files a application with the US Department of Labor seeking your services to work for that person or business.

There is labor certification for temporary as well as permanent positions. Most offers require that you have experience or education in the job offered, but a petition can also be filed for someone with little or no experience.

For an attorney to give you complete advice on whether you can qualify for labor certification, and in what category, you will need to supply a detailed resume of your education and employment history. You should also provide a detailed description of the job that has been offered to you.

For more information on labor certification procedures, please visit the Hints & Tips section of our web site. Good luck.

Hello all,

Hello, I am a US citizen and my husband is a greencard holder. I want to hire my husband's sister as a cook for us. She is from Trinidad. Considering my husband and I work all week, I don't have time to clean the house and cook. Can I hire her and file a labor certification petition with the INS for her. How long will this take.

Please help,
Thanks,
Michelle

Dear Michelle:

To file a labor certification application as a "household cook", you and your husband will have to establish your need for a person to do this type of work. She very well might be able to qualify if you are both employed full time. She will need to have at least one year of experience working in a home environment.

If she has two years experience working as a household cook, she will fall into the skilled worker category, and the entire process will take 2-4 years. If she does not have the two years of experience, then she will fall into the unskilled worker category, which could take 5-8 years.

Since household cook cases can be tricky, we would suggest that you contact an immigration law attorney who has experience in handling these types of cases. Good luck.

Hello It's Michelle again,

I went to a lawyer and he said that we needed to show that we had alot of money and was making alot of money. Together my husband and I are making $160,000. He said this wouldn't be enough to prove to the Labor board. Considering a cook goes for $50k a year. Is this true. He said it would be better if a business sponsored. I just need a second opinion.
Please help,

Thanks,
Michelle

Dear Michelle:

Hello again. While we agree that it would be better that a business, rather than an individual, sponsor a cook, it is our opinion that the joint income of you and your spouse is more than enough to establish your ability to pay for a household cook.

We would suggest that you try speaking with another immigration law attorney who specializes in labor certification cases, to get a second opinion. Good luck.

Hello,

Would a cultural baker with 3 years of experience be able to be in the EB3 skilled category. Also, how long does it take to get a greencard (from labor certification to adjustment of status)if I was sponsored by a resturant as a baker( assuming skilled). I am in new york city. Will the wait be shorter. The resturant that wants to sponsor me has sponsored about 3-5 people sucesufully. Will this shorten the labor certification process since the resturant has been doing this often. I have also heard of RIR. There's so much.

Please help

I recieved my greencard through the EB3 category about a month ago. I am dissatisified with my employeer that sponsored me. Can I leave this job or will the INS become suspicious. I started working when I recieved my Work authorization about 9 months ago. I waited about 3 years for the entire process. Since I worked only for a few months BEFORE I recieved my greencard and only 1 month AFTER I recieved my greencard, will this be suspicious.

Please help.

Thanks,
Kelo

Hi!

Well i have entered U.S. september 1998 and am out of status currently. I wanted to inquire if my uncle who has a Indian Fabric store (saris) could process my labour certification and then sponser me for a green card? I have been working in his store for 2 years does that make it a skill labor catergorey?

Sencond question was i have not paid any taxes so would that affect a labor certification application? How lond would it take to complete the labor cert and get a green card?

Third question was does my application have to be with the INS by 04/30/01 or if it is with the Department of Labor by 04/30/01 would i be grandfathered uder 245i?

Thank you and a quick response would be appreciated.

Dear kanu:

Yes, a cultural baker with 3 years of experience can qualify in the EB3 category. The time it takes to process your case can be from 2-4 years on average. It usually takes longer in New York than most other areas. The fact that the bakery has sponsored others should not have a bearing on the length of time it takes to process your case.

However, if your case qualifies for Reduction In Recruitment (RIR), this will significantly shorten the processing time. We would suggest that you use an immigration law attorney with experience in handling labor certification cases so that your case can be processed in the most expeditious manner possible. Good luck.

Dear kelo:

The Immigration Service may or may not be suspicious about your case. However, it would be very hard for Immigration to prove fraud where you have worked 10 months with your employer.

If there is nothing else to show bad intent on your part, we would not see a problem if you left your employer for a better job. Good luck.

Dear Anonymous:

Your uncle could sponsor you, however, to qualify in the skilled worker category you must have at least 2 years of experience in that type of job, with an employer OTHER THAN the one sponsoring you. Therefore, you would need to show two years of experience in the same type of business with a different employer, either in the US or in another country.

You need to prove your experience. If you did not pay taxes, you would be O.K. if you can document your experience in some other way.

The estimated processing time is from 2-5 years depending on your place of employment, and your country of birth. The application for labor certification must be filed on or before 4/30/01. Good luck.

Hello,

Do you know if there will be an interview required by the INS when an adjustment of status application is filed for labor certification authorization. I know that the process involves the following.
1. Job being certified by the Dept of Labor
2. Filing a petition (I-140) for employee
3. Then Adjustment of Status (I485)

For the last step of filing (I485), will the INS schedule an interview. OR will they just mail your greencard.

Thanks,

Hello,

Here's my issue. I came to the US in 1987 on a visitors visa and it expired in 1987. Since then I have been in the US illegally. I found a resturant that is going to sponsor me as a skilled cook. I have about 5 years of illegal work experience as a speciality cook. Will there be any problems when I file for labor certification or the INS forms. Please help

Dear William:

In your case scenario, in most instances the Immigration Service will notify you of approval of the application for permanent residence by mail, and you will go to the local INS office to give your fingerprint and sign for your resident card, and for placing the permanent resident stamp in your passport.

In the majority of cases, no interview is necessary. However, in some cases, Immigration will schedule the person for an interview. Good luck.

Dear Pilo:

We don't see any problem with your case. Just make sure that the application is filed on or before 4/30/01 and that you have at least two years of experience from an employer different than the one sponsoring you. Also, make sure that the job requires a specialty cook, as opposed to a fast food cook. Good luck.

Hello there,

I am being sponsered as a cook. My lawyer said that he filed the application as a NON -RIR case. I hear about the limited review process with the Dept of Labor. Will I be qualified for this process since I'm in the NON-RIR. I am a special cook at the resturant and only make traditional dishes. What are the circumstances of Limted Review Cases. Also I hear about a passed bill that if you pay $1000, you application will be process faster. Please help
Thank you

Hello there,

I have a few questions. I have about 5 years experience as a cook in a household. I found a resturant willing to sponsor me as a speciality cook. Will my experience as a household cook be used to be part of the EB3 category as a skilled worker for speciality cook. Please help.

Also,what proof of past jobs must I submit as proof for labor certification.

Dear Marison:

Since your case was not filed as an RIR, it will be processed in the normal manner.

The bill you refer to has passed, but has not yet been implemented. Apparently, it will apply only to INS cases, such as the I-140 petition, and not labor certification petitions. However, we will post all new information to this web site as soon as it becomes available. Good luck.

Dear Indira:

If your household cooking was with the same type of specialty foods, then the experience would be relevant.

Proof of prior experience is usually in the form of a notarized letter from your previous employer, which spells out the duties performed, and the dates on which you were employed. Good luck.

Hello,

I am an engineer graduated in Brazil. Now i am in Japan working in my master course. I am going to marry a U.S. resident. I have no working experience. I would like to know what do i have to do to validate my diplomas ( undergraduate course in Brazil and Master course in Japan) because i want to work when i go to U.S.

Thanks in advance.

Dear Anonymous:

We would suggest that you speak with the licensing board in the state where you wish to be employed to see what they will require in order to license you for employment once you enter this country. Good luck.

hello,

I just received a letter from the state workforce agency stating that my prevailing wages should go higher, and that they needed a FEIN number. I have submitted everything to my attorney and he has further given all papers to the dept.

I just was inquiring on how much time do u think it would take before an auth for an advertisement in newspaper is received. I would appreciate if you could give me a break down of wating period at each stage including DOL, INS.
My priority date is 03/2001 in chicago aera.

Thank you and appreciate your help.

Dear Anonymous:

If the information that has been re-submitted is accepted, you should be getting the advertising instructions within the next month or two.

To determine processing times, you can go to our Home page and click on Labor Certification Processing Times for estimates on processing times of Labor cases, and click on Service Center Processing Times for an estimate of processing times for the I-140 petition and the application for permanent residence. Good luck.

Thank you for your reply to the above. I would also want to ask you that in my priorty date letter, the state workforce agency has mispelled one of the letters of my name. I have informed to my lawer of this situation. In my application form we have suhmitted the write spelling but it is the error of the dept. Is there any way I could check if they have corrected spelling of my name?

Thank you.

Dear Anonymous:

The only way to know if the spelling of your name has been corrected is to contact the state employment office. They should be able to provide that information to you or your attorney by phone. Good luck.

dearsir/madam
ihave aquestion one of my friend enter
US illegally in 1998 he has asocial security which is not valid for work he is not paying taxes but in1999 he open asmall business he paid allsales tax and then business closed due toloss
and then he applied under 245(i)and still waiting for response mean while he isgoing to marry agreen card holder girl in near future so my ? is that if he marrythat girl where he stands and what possible steps he can take tobe alegal he need abest advise onthat thanks andappreciated for ur help.........

Dear Anonymous:

First of all, your friend should be aware that it will take about 5 years for him to become a resident based on marriage to a permanent resident alien, unless she obtains her US citizenship.

We cannot tell whether he will have any problems for failure to pay taxes in the past. For that, we would suggest that he speak with an accountant or tax law attorney. Good luck.

Hello Sir,
I am a pereson residing in India. I and my wife holding ten years multiple visa (R-B1/B2). My wife visited u.s.a. once from Oct.1997 to April 1998 on B1 visa and she deliver a baby boy during her visit to u.s.a.Now my son is 4 and half years old. He is holding U.S. Passport. I have visited u.s.a. two times from 25th December 1997 to 2nd April 1998 and 16 th May 2000 to 13th Sep.2000. The Immigration petition for my wife has been filed by her u.s.citizen sister and the priority date is 27.12.1997 we was present there when petition was filed. Can we get immigration on y son's basis or can we stay there legally for the education of my son. Or can I be grandfather in sec.245i. Please guide me what to do to stay there legally.

Dear Devendra:

You and your wife are grandfathered because the petition was filed for your wife by her sister on or before 4/30/01. However, that does not mean than you will be able to reside in the US legally while waiting for the priority date to become current.

Nor does the fact that you have a US citizen child give you the right to live in the US permanently at this time.

You will either have to wait until you become a pemanent resident through your sister-in-law's petition, which will take about 10 more years, or try to find some other way to qualify for permanent residence more rapidly. Good luck.

Sir,
Thank you verymuch for reply. Now I want to ask you sir, that how can I get a labour certification ? Because I am only the highschool graduate. Can any local motel owner file labour certification for me if yes how and what is the proceedjure for the same. Please advice me.
Thank you in the anticipation.

Dear Devendra:

You can get further information on the labor certification process by going to our Hints & Tips page.

If you have an employer that is willing to file a petition on your behalf, you should speak with an immigration law attorney who is familiar with labor certification cases. Good luck.

Dear Sir,
I am a Canadian woman who met a man in Ohio who owns a big business. He has made me quit my job as truck-driver so I could run his business. We starting filing papers with INS but the paperwork was too overwhelming and he dropped the process. I have returned to Canada, with no job, and not having being paid by this employer. We were also in the process of having my young son, who's father is deceased, brought over with me. I was living with the employer, common-law, with the intentions, on both our parts, to get married. He as of yet, has not filed any papers to document that I did work yet his other employees will attest I did as they were sorry to see me leave. Can I take recourse over this matter?

Dear Sir

I am a Canadian widow who wishes to begin work in the United States as on office manager. I have the qualifications needed and perhaps qualified to perform more duties, above and beyond the required. I will be living with the potential employer, and perhaps one day we will be married. I have one young son (8) that will follow me over. Could you tell me the correct procedure to attain employment eligibility, as well as naturalization process? There is not a voice behind the telephone calls I have made thus far and it is very frustrating, as I do not live near a consulate office; I am at least 5 hours away from the nearest one.
Thank you sincerely

Dear sir,
My friend has B1/B2 multiple usvisa and he has visited usa for 3 times and have come back within the legal time period mentioned in I94 form.His petition (for EB-3 visa) through I140 have been approved in July'02 from INS dept and his lawyer has asked for immigration visa from usembassy mumbai(to adjust status). Suppose if there is delay in getting immigration visa and now for social purpose if he wants to visit usa , can he use his visitor visa to visit usa?

Dear sir,
My friend has B1/B2 multiple usvisa and he has visited usa for 3 times and have come back within the legal time period mentioned in I94 form.His petition (for EB-3 visa) through I140 have been approved in July'02 from INS dept and his lawyer has asked for immigration visa from usembassy mumbai(to adjust status). Suppose if there is delay in getting immigration visa and now for social purpose if he wants to visit usa , can he use his visitor visa to visit usa?

sIR
WE HAVE APPLIED FOR RE ENTRY PERMISSION ON MAY 22 2003 .WE ARE GREEN CARD HOLDER.IN INDIA AT PRESENT.NO REPLY OR PERMISSION TILL THIS DATE.
IS IT NECESSARY TO WAIT OR TO REENTER usa IN 12 MONTHS FROM LAST ENTRY

DEAR SIR
I ALL READY APPLY US B1 OCS VISA IN PERSONAL INTERVIW THEY WILL REJECT MY APPLICATION REASON 214B WHAT IS THE NEXT STEP FOR RE APPLICATION AND WHAT ARE THE DOCUMENTS I WHANT TO SUBMIT

Hello.

I am the holder of a Vistors Visa, I am planning to marry My boyfren who is a US citizen.

Is it legal for me to come vist him on my vistors Visa and marry him, and what should be the process after marrying him, do I seek a readjustmnet of status thereafter

hi i am indian citizen.my intend to go usa for 15 days for sight seeing purpose. please tell me essay way to get b1 b2 visa i am student in india of master of scince.i had applied but it was refuse that time. now please tell me what doucoment i have to show them.