US Immigration Law is a very complicated law, so at the request of the majority of readers who need to be knowledgeable and understanding about this law, Nguoi Viet daily newspaper invites Attorney Darren Nguyen Ngoc Chuong of Law Group Master Nguyen & Luu, www.NguyenLuu.com, in charge of the “Understanding Immigration Law” section, posted weekly on Vietnamese People. Attorney Darren Nguyen Ngoc Chuong is the first and only Vietnamese in Orange County, California, recognized by the California State Bar for his expertise in US Immigration Law. Currently, California has over 190,000 lawyers, but only 261 lawyers have professional degrees in Immigration Law, among them is Attorney Darren Nguyen Ngoc Chuong. Attorney Darren Nguyen Ngoc Chuong used to work for the United States Immigration Service (INS). Lawyer Darren Nguyen Ngoc Chuong has a lot of experience in setting up the profile and supplementing the necessary documents to be approved by the Immigration Department.
Darren Nguyen Ngoc Chuong, Esq.
Over the past few months, many of you have consulted with our office about the employee guarantee program. There are many commercial establishments that face many difficulties and obstacles to find qualified employees to fulfill their job duties. Obstacles are often encountered because there are very few employees to do such jobs, or businesses in localities do not have employees. For that reason, businesses are eager to bring overseas employees to the United States to work for them.
In order to sponsor a foreign worker to work in the United States, the business must apply to the U.S. Department of Labor and demonstrate that the United States does not have qualified and willing employees to do the work. and such employment shall not affect the wages and employment status of U.S. workers.
To demonstrate that the United States does not have qualified and willing employees to do the job, the business must post an advertisement for employees. Advertisements must be published in newspapers of wide circulation. After posting an advertisement for employees, but the business cannot find qualified employees, the business shall be deemed to have fulfilled the obligations of that requirement.
There are many reasons why a business cannot find employees. Typically, after an advertisement has someone applying for a job, the business is entitled to interview that person to determine if he or she is qualified to do the job. If, during the interview, the job applicant does not prove that they are qualified, the commercial establishment is entitled to refuse.
There are cases where job applicants only want to work part-time, but the job requires full-time, or the working time is not suitable for them. In most cases, it takes about two to three months from advertisement to interview and when the business contacts job applicants for an interview, they already have another job or they no longer want that job, then it is considered that the commercial establishment cannot find people willing to do that job.
To demonstrate that employment will not affect the wages and employment status of U.S. workers, the employer must pay the foreign employee the wages of a U.S. citizen living in the same city, county, or county. the same state as the business, and the business must demonstrate that it has sufficient funds to pay the employee.
But as you can see, this sponsorship is created so that a business in the United States can find foreign workers to work in the United States because they cannot find employees in the United States. Therefore, commercial establishments cannot pay low wages, cannot guarantee foreigners to work with such low wages. Wages will be specified by the U.S. Department of Labor, or the business must demonstrate that the wages are the wages of other commercial establishments in the same market that are paying employees who do the same work.
Filing with the U.S. Department of Labor is a method the U.S. Department of Labor uses to fulfill its obligations to citizens in the United States, to ensure that the entry of foreign nationals will not have adverse effects. on wages and employment status of workers in the United States.
Employee sponsorship is complex and unsuitable for today’s commerce, but it is still a vital part of immigration and can yield great results compared to other forms of sponsorship.
At the request of our readers, the following is the visa information sheet for August, 2022.
Priority 1 – priority date is December 1, 2014, which means priority is given to unmarried children over 21 years of age of US citizens.
Priority 2A – priority date is current, which means priority is given to a spouse, or unmarried child under the age of 21 of a permanent resident.
Priority 2B – priority date is September 22, 2015, ie priority is given to unmarried children over 21 years old of permanent residents.
Priority 3 – priority date is November 22, 2008, which means that priority is given to married children of US citizens.
Priority 4 – priority date is March 22, 2007, which means priority is given to siblings of US citizens.
You can track your own monthly visa information sheet at the website of Nguyen & Luu Law Group, LLP at: nguyenluu.com.
For inquiries, please contact: Attorney Darren Nguyen Ngoc Chuong or Lawyer Luu Trong Cam Thuong of Nguyen & Luu Law Group, LLP at 1120 Roosevelt, Irvine, CA 92620. Phone (949) 878-9888.