Client: Financial Services in Cleveland, Ohio Area
Client’s Country of Origin: India
Case Type: Labor Certification
Date of Application: October 8, 2014
Date of Approval: March 4, 2015
Background:
Our client retained Herman Legal Group to help with labor certification. Our client found that only an Indian financial analyst qualified for the opened position. We were therefore hired to prove that no equally qualified natives (American citizens or green card holders) were available for the position being offered, with all of the listed minimal requirements.
Challenge:
Our immigration attorneys had to prove there was in fact no other equally qualified American citizen or green card holder available for the position. The Department of Labor reviews each application closely to protect American workers’ wages and working conditions. Our application was approved because of its merit based on strong facts.
Action:
We helped our client prove that:
- The position offered was a full-time job in the U.S.
- The position was also a job offer available to American workers, in good faith.
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. - 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.
- No qualified U.S. workers were able, willing, qualified and available to accept the offer through the recruitment process.
- Employing the alien would not adversely affect the wages and working conditions of U.S. workers.
Result:
Five months after the application, the position offered passed labor certification.
