Labor Certification for Indian Software Engineer

 
Client: Marketing Company in Cleveland, Ohio
Client’s Country of Origin: India
Case Type: H-1B Visa
Date of Application: February 13, 2015
Date of Approval: March 15, 2015

Background:
Our client retained Herman Legal Group because it wished to hire a choice Indian software engineer. To secure H-1B visa for that engineer, our client first needed to show that the position was available for U.S. workers, but that no able, willing and qualified U.S. worker took the offer. Thus, we filed labor certification application for our client. We were also retained to file the H-1B application for the engineer, on behalf of our client.

Challenge:
The job description must not be unnecessarily restrictive, yet, must be very specific as to the expected minimum requirements.

Action:
We helped our client prove that:

  1. The position offered was a full-time job in the U.S.
  2. The position was also a job offer available to American workers, in good faith.
  3. Job requirements were not tailored to the alien worker’s qualifications. Namely, the employer must describe the job without unduly restrictive requirements, unless adequately documented due to necessity.
  4. The wage offered satisfied prevailing wage requirements. The wage must not be lower than the prevailing wage for the occupation; the 5% deviation is no longer acceptable.
  5. No qualified U.S. workers were able, willing, qualified and available to accept the offer through the recruitment process.
  6. Employing the alien would not adversely affect the wages and working conditions of U.S. workers

Result:
One month later, our application was officially approved, four days after the H-1B status was granted.

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