Labor Certification for Indian Software Engineer
Client: A Marketing Company
Position to Certify: Software Engineer
Location: Cleveland, Ohio
Beneficiary’s Nationality: India
BACKGROUND: Our client retained us, because it wished to hire a choice Indian software engineer. To secure H-1B visa for that engineer, our client must first show that the position was available for U.S. workers, but 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 clients.
Date of Application: February 13, 2015
Date of Approval: March 15, 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: The job description must not be unnecessarily restrictive, yet, must be very specific as to the expected minimum requirements.
ONE MONTH LATER, our application was officially approved, four days after the H-1B status was granted.