Labor Certification for a Financial Servicer Granted!
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
- The position offered is a full-time job in the U.S.;
- The position is also a job offer available to American workers, in good faith;
- 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;
- 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;
- No qualified U.S. workers are able, willing, qualified and available to accept the offer through the recruitment process;
- 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.