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A comprehensive interpretation of the process of American labor migration
As the first priority occupation category, people with special abilities meet the exemption category of "national interests". If the applicant is not in the United States, the employer needs to confirm the employment relationship. If the applicant is already in the United States, the employer who supports his application for professional immigration can be the employer who has worked for him or other employers.
Apply for a work permit from the US Department of Labor.
The full name of the work permit is "foreigner's work certificate", which is the certificate given by the Labor Department to the US Immigration Service, confirming that if the applicant works permanently in the United States, it will not take away the job opportunities of American workers.
Work permits are divided into temporary work permits and permanent work permits. Generally speaking, a work permit refers to a permanent work permit. Similar to the work permit, there are "certificate of health institution" and "application form of labor situation", both of which are applications or reports from the employer to the Ministry of Labor.
Permanent work permit, commonly known as work permit, is an application made by the employer to the Ministry of Labor in advance to support its employees to apply for professional immigration.
Temporary work permit is a kind of temporary work permit, and employers must apply to the Ministry of Labor in advance when applying to the Immigration Bureau for hiring temporary skilled or unskilled workers with H-2B non-immigrant visas. This application for temporary work permit is only related to non-immigrant visas, not to professional immigration applications.
The certificate of health institutions-commonly known as the "certificate of absence from work"-only refers to a procedure that hospitals, clinics and other health institutions must first report to the Ministry of Labor when applying to the Immigration Bureau for a non-immigrant work visa to hire registered nurses with H- 1A, which only involves non-immigrant visas.
Application Form of Labor Situation-It is a procedure for employers to apply to the Ministry of Labor when they apply for a professional non-immigrant work visa with H- 1B from the Immigration Bureau. It only involves the non-immigrant visa and has nothing to do with the professional immigration application.
Formally apply for immigration to the Immigration Bureau.
If the work permit is approved, the employer can apply to the Immigration Bureau for professional immigration. Whether the Immigration Bureau approves or not is the final decision, which is more important than the approval of the work permit. However, in practice, the approval of the work permit may exceed the approval of the Immigration Bureau, because under normal circumstances, the Immigration Bureau approves all applications that have been approved by the Ministry of Labor.
If the applicant belongs to the category of professional immigrants who apply for exemption from work permit, or is an occupation exempted from work permit as stipulated by the Ministry of Labor, the employer does not need to apply for a work permit, but directly applies to the Immigration Bureau. Applications should be submitted directly to the regional service center of the Immigration Bureau. When the application is issued, if it is accepted, the employer will receive an acceptance notice with a receipt.
Apply for a visa abroad or adjust your status at home.
When the employer's professional immigration application is approved, the applicant can apply for a visa or adjust his status. However, whether applying for a professional immigrant visa or adjusting one's status, the applicant must verify whether there are places in his category. If there is no quota, he can only apply for a visa or adjust his status if there is a quota. However, professional immigrants in most categories generally have ready-made places or don't have to wait long.
Applying for an immigrant visa or adjusting one's status is the last step of professional immigration, that is, turning the application into reality. If the work permit and the employer's application focus on examining the job invitation and the qualifications of the employer and the applicant, the last procedure is to confirm the qualifications and background of the applicant. If everything meets the requirements, the immigrant visa or immigration status will be approved.
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