What is a work permit?

What is the legal significance of the work permit? This will start with the legislative spirit of American immigration law. As an immigrant country, the United States has always needed and attracted people from all walks of life from all over the world. Therefore, in the process of formulating immigration laws, on the one hand, the United States should consider how to attract outstanding people from all over the world to immigrate to the United States, which is conducive to the future development of the United States. At the same time, the United States should also pay attention to preventing foreign workers, especially skilled workers in dollars, from flooding into the United States and impacting the American job market. In a sense, the work permit is an effective mechanism to protect American workers. Therefore, according to article 2 12CA(5)LA of the U.S. immigration law, the labor department must determine:

1. At the time of applying for a work permit, no qualified American worker is willing and able (available, willing and able) to engage in the work provided by the employer for foreign applicants;

2. The employment of foreign applicants will not have a negative impact on the wages and wage conditions of American workers engaged in similar jobs.

Therefore, when applying for a work permit, the employer must meet the following conditions:

1. First of all, the wages paid by employers to foreign workers should not be lower than those paid by American colleagues. Not only can wages not be low, but also benefits such as labor insurance and vacation should be consistent.

Before applying, the employer must show that he is willing to hire qualified American workers (American citizens and permanent residents). Therefore, employers should prove that there is a clear salary vacancy and will recruit qualified American workers. This means that if the foreign beneficiary of a work permit is an investor of the company or a relative of the boss of the company, or has influence on the company's decision-making, the application for a work permit will generally not be approved, because the Labor Department does not think that employers will hire unrelated Americans without a work permit.

Other conditions for applying for a work permit include:

3. The workplace provided is in the United States. This means that the applicant's employer should have an American workplace for job seekers to contact. However, foreign employees do not have to work in the United States. Some cases show that even if the proportion of foreign workers working outside the United States is as high as 60%, their applications can still be approved.

This job must be full-time.

Generally speaking, full-time work means no less than 35 hours a week. However, working more than 40 hours a week will be regarded as extra conditions or inappropriate working conditions, because overtime will have a negative impact on the working conditions of American workers. At the same time, contract workers are not full-time. In contrast, even if the salary paid is in the form of commission, if the employer can guarantee that the minimum wage paid is not lower than the ordinary wage of the same kind, such salary is considered as full-time salary.

Whether a salary can be counted as full-time often depends on the specific salary and the conditions of the unit where it belongs. For those who have worked part-time in the same company, the employer should explain that the salary responsibility has changed and now they need full-time staff.

This work must be long-term. This means that the employer has no intention of dismissing the beneficiary on a specific date in the future when applying. At the same time, the wages provided are not seasonal and intermittent.