What is the labor card processing process of the US Department of Labor?

American labor card application procedure

First, the application for a work permit must be submitted by the employer. In other words, if you immigrate to the United States through a work permit, the applicant must first find an employer who is willing to apply for a work permit. At the same time, because the employer must prove to the Ministry of Labor that the employer really needs to recruit people, that is, there are clear job opportunities, the applicant cannot set up a company to recruit people by himself. Generally speaking, if the applicant's family holds more shares in the company, or if the company owner is a relative of the applicant, it will not be approved.

Employers should fill in the ETA-750 form.

When applying for a work permit, the employer should fill in the ETA-750 form. In duplicate, send it to SESA in the employer's state. SESA will stamp the receipt date on the application form after receiving it, which is the scheduled date for applying for immigration in the future. At the same time, SESA will also inform the employer that the application has been received and it will take time. In California, it takes about 26 weeks from the time SESA receives the application form to the time it is processed.

Due to the large number of applicants and increasingly strict legal provisions, employers should make full preparations before applying. At least the following points should be considered:

(1) Is the wage paid by the employer lower than that before valling? If it is lower than the ordinary wage stipulated by law, can the employer produce enough documents to prove that the wage demanded by the Ministry of Labor is too high?

(2) Employers cannot make additional requests to prevent American citizens or permanent residents from applying.

(3) Employers should know something about the current labor market in order to determine whether the wages offered will attract too many American citizens or permanent residents to apply.

(4) If it meets the requirements, the employer may advertise for recruitment in advance. Relevant regulations on early recruitment.

American labor card review process

SESA will review the application after receiving it, focusing on the following points:

(1) Check the form to ensure that it is complete and signed by the employer.

(2) Determine the title according to the salary responsibilities proposed by the employer.

(3) Determine whether the wages provided by the employer are lower than the ordinary wages.

(4) Make sure that the employer has not put forward excessive salary responsibilities and requirements.

(5) Ensure that the applicant meets the requirements.

If SESA thinks that the conditions provided by the employer do not conform to the relevant regulations, it will send a notice of the investigation result to the employer, pointing out the problem. The employer can consider his request, or modify the irregularities in the application, or insist on the conditions put forward, and explain why these conditions do not conflict with the legal provisions.

After that, SESA will at least advertise for employers. The recruitment steps include the following three parts:

(1) Enter the salary opportunities provided by employers in the employment database of the state government for the unemployed in the United States to inquire.

(2) Posting recruitment notices in the workplace of the employer so that other employees of the employer and their relatives can apply.

(3) guarantee to advertise in the local area for three consecutive days; Or advertise in national professional magazines.

After the advertisement is published, SESA will send the candidate's resume to the employer. The employer shall contact all applicants in time and determine why these applicants do not meet the basic conditions specified in the work permit application. The employer shall submit a written report to SESA, explaining the situation of each candidate and putting forward reasonable reasons related to the job for rejecting each candidate. If the applicant meets the basic requirements, although it is inferior to the applicant in other aspects, if the employer rejects the applicant, it will also lead to the failure of the work permit application.

After receiving the employer's written report on recruitment, SESA will sort out all the documents related to the application and forward them to the regional office of the Ministry of Labor. The final decision is made by the certifying officer of the regional office. The Labor Department has ten regional offices, but almost a work permit application is handled by three regional offices in San Francisco, new york and Philadelphia. So the backlog of these three offices is getting more and more, which is very time-consuming.

At the same time, the approver of the regional office has the right to re-examine each application. If the approver thinks that there is anything abnormal in the application, he will send a written notice to the employer asking for an explanation. The employer shall respond within 35 days. Otherwise, the application will be rejected automatically, and the employer may not make the same application again within six months. If the application is rejected for other reasons, the employer may appeal to the relevant departments. Once the work permit is approved, it will remain valid until the applicant obtains a green card in the United States.