Labor Certification for Indian Software Engineer

Labor Certification for Indian Software Engineer

Indian Falg


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

  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: 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.


 

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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