Labor Certification for a Financial Servicer Granted!

Labor Certification for a Financial Servicer Granted!

Indian Falg


Client: A Financial Servicer in Cleveland Area

Position Applied For: Financial Manager

Case Type: Labor Certification

Beneficiary’s Nationality: India


BACKGROUND: Our client retained us 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) would be available for the position being offered, with all of the listed minimal requirement.


Date of Application: October 8, 2014

Date of Approval: March 4, 2015


WE HELPED OUR CLIENT PROVE THAT

  1. The position offered is a full-time job in the U.S.;
  2. The position is also a job offer available to American workers, in good faith;
  3. Job requirements is 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 satisfies 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 are able, willing, qualified and available to accept the offer through the recruitment process;
  6. Employing the alien will not adversely affect the wages and working conditions of U.S. workers.

CHALLENGE: We must prove the there is 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.


FIVE MONTHS AFTER THE APPLICATION, the position offered passed labor certification.


 

 

About the author

Richard Herman Richard Herman is a nationally-known immigration attorney with 20+ years of experience representing families and businesses in all aspects of immigration law. Richard was voted for inclusion in the 2015 edition of The Best Lawyers in America© and listed in Super Lawyers© for ten consecutive years, Richard is the founder of the Herman Legal Group, an immigration law firm serving clients in over 12 languages from offices in Cleveland, Columbus and Detroit, whose attorneys have represented diverse clientele, from Fortune 500 companies to undocumented workers, from technology entrepreneurs to NFL teams. He is the co-author of the acclaimed book, Immigrant, Inc. ---Why Immigrant Entrepreneurs Are Driving the New Economy (John Wiley & Sons, 2009). Richard has appeared FOX News (The O’Reilly Factor), ABC News 20/20, National Public Radio, and has appeared in the New York Times, USA Today, BusinessWeek, Forbes, Inc., PC World, Computerworld, CIO, TechCrunch and InformationWeek.

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Richard Herman is a nationally-known immigration attorney with 20+ years of experience representing families and businesses in all aspects of immigration law. Richard was voted for inclusion in the 2015 edition of The Best Lawyers in America© and listed in Super Lawyers© for ten consecutive years, Richard is the founder of the Herman Legal Group, an immigration law firm serving clients in over 12 languages from offices in Cleveland, Columbus and Detroit, whose attorneys have represented diverse clientele, from Fortune 500 companies to undocumented workers, from technology entrepreneurs to NFL teams. He is the co-author of the acclaimed book, Immigrant, Inc. ---Why Immigrant Entrepreneurs Are Driving the New Economy (John Wiley & Sons, 2009). Richard has appeared FOX News (The O’Reilly Factor), ABC News 20/20, National Public Radio, and has appeared in the New York Times, USA Today, BusinessWeek, Forbes, Inc., PC World, Computerworld, CIO, TechCrunch and InformationWeek.

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