I. Information about Employer

Company's Full Legal Name: ___________________________________________

County & State of the Place of Employment: _____________________

Number of Employees in the United States: _______________________

II. Information about Job Offered

1. Job Title: ____________________________________

2. Basic Annual Salary: ____________________  

3. Number of Employees in the Same Position: _______________________________

4. Number of Employees Alien will Supervise: _______________________________

5. Will travel to multiple worksites be required?  If yes, please provide county and state of worksites (provide additional attachments if needed): ______________________________________________________________________________________

6. Description of job duties in detail (Please break down general descriptions into specific job
functions and list specific skills or knowledge required to perform these functions):

____________________________________________________________________________________________________________________________________________________________________________

______________________________________________________________________________________
                                   
7. Employer's minimum requirements for the position (Employer must not have hired workers with less education, training, or experience for comparable positions.  Please provide copies of previous job postings for same or similar position, if available.)

Degree level (Bachelor’s, Master’s, Doctoral): __________________

Field(s) of Study: ________________

Experience:_________________________ (year(s)/month(s))

Please e-mail the completed Evaluation Questionnaire and your resume to zliu@niwus.com for a
free evaluation.  As an alternative, you may download and complete the Questionnaire, and fax
it to (713) 974-3463.

I. Information about Employer

School Name: ___________________________________________

County & State of the place of Employment: _______________

II. Information about Job Offered

1. Job title: ____________________________________

2. Basic annual salary: ____________________

3. Description of job duties: _______________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

4. Minimum requirements

Degree level (Bachelor’s, Master’s, Doctoral): __________________

Field of study: ________________

Experience:_________________________ (year/month)

5. Name of the print media in which the position was advertised: ____________________________

____________________________________ (Please attach a copy of the advertisement if available.)

6. Dates of the print advertisement: ___________________________________

7. Date of the employment determination: _____________________________ (Please attach a copy of the offer letter if available.)

Please e-mail the completed Evaluation Questionnaire and your resume to zliu@niwus.com for a free evaluation. As an alternative, you may download and complete the Questionnaire, and fax it to (713) 974-3463.

I. Free Evaluation

1. Initial Evaluation
a. Complete the OSR PERM Labor Certification Evaluation Questionnaire;
b. E-mail the above Questionnaire, resume, and copy of the print advertisement by the employer to Attorney for a free evaluation; and
c. Attorney e-mails an evaluation of the case.

2. Follow-Up Communications
a. Send follow-up questions to Attorney via e-mail or phone; and
b. Attorney answers follow-up questions and makes necessary clarifications.

II. Establishing Attorney-Client Relationship

1. Obtain the Attorney-Client Agreement (“Agreement”)
a. If you are interested in retaining Attorney to handle your case, notify the Attorney to get an Agreement;
b. Attorney e-mails you an Agreement; and
c. Review the Agreement and ask any questions arising from the Agreement.

2. Important Things You Need to Know Before Signing the Agreement
a. Whether your employer will sponsor your PERM Labor Certification Application;
b. The specific services covered by the agreement;
c. Whether the legal services listed include answering audits;
d. Whether extra fees will be charged for a service you need but not listed in the Agreement;
e. Whether you fully understand what Attorney has explained to you regarding the chance and the risk your case bears; and
f. If necessary, revisit the previous communications you had with Attorney and make sure each of your concerns is clarified.

3. Sign the Agreement and Pay the Initial Legal Fee
a. Sign the Agreement by an authorized representative of the employer; and
b. Mail the signed agreement along with a check payment of the initial legal fee.

4. Attorney-Client Relationship
a. Attorney receives the Agreement and payment of the initial legal fee;
b. Attorney signs the Agreement and the attorney-client relationship is established;
c. Both the employer and the beneficiary are clients;
d. Attorney mails a photocopy of the signed Agreement to the beneficiary; and
e. Under Attorney-Client relationship, Attorney is bound by professional rules and other pertinent laws, and owes a fiduciary duty to client.

III. Processing the Case

1. Document Gathering
a. Attorney e-mails a set of Questionnaires to the employer and beneficiary;
b. Employer and beneficiary complete and e-mail the Questionnaire to the Attorney;
c. Attorney provides a sample experience letter if applicable;
d. Beneficiary obtains and mails experience letter(s) to Attorney if applicable; and
e. Beneficiary e-mails copy of diploma and transcript to Attorney.

2. Draft Job Description
a. Attorney drafts the job description according to the information provided; and
b. This step will take approximately 1 week.

3. Obtain Prevailing Wage
a. Attorney will submit the necessary information to obtain a prevailing wage determination from the State Workforce Agency; and
b. This step will take approximately 2-3 weeks.

4. Notice of Filing
a. Attorney e-mails sample notice of filing, certification of posting, and instructions for posting to employer;
b. Employer modifies (if necessary) and posts the notice of filing in proper locations and in-house media;
c. Employer modifies (if necessary) and signs certification of posting, and e-mails it to Attorney;
d. Employer e-mails recruitment report by which the beneficiary was selected to Attorney; and
e. This step will take approximately 2-3 weeks.

5. Filing PERM Labor Certification
a. Attorney e-mails instructions to employer on how to register on PERM filing system;
b. Employer registers on the PERM online filing system and assign a sub-account to the Attorney;
c. Attorney completes an online PERM application and provides a copy to the employer and the beneficiary for review before filing;
d. Attorney files the PERM application upon approval from the employer and the beneficiary; and
e. This step will take approximately 2 weeks, depending on employer’s cooperation.

IV. After PERM Labor Certification is Filed

1. Employer receives e-mail notification from Department of Labor (“DOL”) to complete online questionnaire within 7 calendar days to verify sponsorship of beneficiary;

2. Employer completes the online questionnaire. Failure to complete the questionnaire on time may delay or lead to a denial of the PERM Labor Certification;

3. Attorney receives e-mail from the Department of Labor confirming the PERM Labor Certification has been received and submitted for processing;

4. If DOL agrees that the employer conducted the required recruitment and found no qualified and available U.S. workers for the position, the PERM will be certified within 45-60 days;

5. Attorney receives the certified PERM and notify the employer and beneficiary;

6. The employer mails the payment due for the legal fees upon certification (approval);

7. Attorney explains the I-140 process and mails the certified PERM to employer and beneficiary; and

8. Beneficiary notifies Attorney if he or she wishes to proceed with I-140, I-485, or both. If so, Attorney will e-mail a set of documents and relevant information.

V. Audit

1. If the DOL chooses to audit the petition, there is a 30-day period to respond; and

2. Attorney will request additional documents from employer, if necessary, and respond as appropriate.

VI. After PERM Labor Certification

1. I-140 Immigrant Petition
a. After PERM is certified, the next step is filing the I-140 to show the employer’s ability to pay the prevailing wage and evidence that the beneficiary possesses the required qualifications for the position; and
b. Premium Processing. This is an expedited service of 15-calendar day processing for the I-140 for $1,000 filing fee. Please ask the Attorney whether this service is available at the time of filing.

2. I-485 Adjustment of Status Application
a. Applicant (PERM beneficiary) and family members file I-485 when visa numbers are available; and
b. Applicant (PERM beneficiary) may be eligible to concurrently file I-140 and I-485 if visa numbers are current.

* You may click here to download the OSR PERM Procedure Flowchart in PDF format.

An U.S. employer can file O-1 petitions for qualified foreign workers. The employer can be a private company, a public or private university, a research institute, or a government organization, etc. The position offered can be full-time or part-time.

Here we provide two sample O-1 cases recently approved by the USCIS. The first case involves a full-time position in a private company, and the second case involves a part-time position in a public university.

Full-Time O-1 Sponsored by Private Company

Field of Study:              Chemistry
Major Credentials:        Ph.D. from a U.S. university
                                     Published a number of journal papers
                                     Cited approximately 100 times by other researchers
Employment:                Offered employment by a private research company
Position Offered:          Research Scientist
Premium Processing:   Yes
Filing Date:                   January 14, 2008
Approval Date:             January 18, 2008

Please click HERE to see the USCIS Approval Notice.

Part-Time O-1 Sponsored by Public University

Field of Study:                Civil Engineering
Major Credentials:          Ph.D. from a foreign university
                                       Published numerous journal papers
                                       Frequently invited to review papers by journals
Employment:                  Offered employment by a public university
Position Offered:            Visiting Professor
Premium Processing:     Yes
Filing Date:                     October 22, 2007
Approval Date:               October 24, 2007

Please click HERE to see the USCIS Approval Notice.

Prepared by LPY Law Group

I. Free Evaluation

1. Initial Evaluation:
a. E-mail resume to Lawyer for free evaluation;
b. Lawyer reviews resume and e-mails back with evaluation that analyzes whether your credentials meet the minimum NIW or EB-1A/B requirements; whether your case has a reasonable chance to be approved; whether Lawyer can take your case; and if, in Lawyer’s best judgment, you are not qualified for NIW or EB-1A/B, what other options you have to obtain a green card.

2. Follow-Up Communications:
a. Send follow-up questions to Lawyer via e-mail or phone;
b. Lawyer answers follow-up questions & makes necessary clarifications.

3. Choose a Service Package:
a. If you are interested in retaining Lawyer to handle your case, notify Lawyer of the specific service package you choose;
b. Lawyer e-mails you a retainer agreement according to the service package you choose;
c. Communicate with Lawyer if a question or concern arises from the retainer agreement.

II. Establishing Attorney-Client Relationship

4. Important Things You Need to Know Before Signing the Retainer Agreement:
a. The specific services covered by the agreement;
b. Whether the legal fees listed in the agreement include answering Request for Evidence (RFE);
c. Whether extra fees will be charged for a service you need but is not listed in the agreement;
d. Whether you fully understand what Lawyer has explained to you regarding the chance and the risk your case bears;
e. If necessary, revisit the previous communications you had with Lawyer and make sure each of your concerns is clarified.

5. Sign the Retainer Agreement & Pay the Initial Legal Fee:
a. Sign your name on the agreement;
b. Mail the signed agreement along with payment check of the initial legal fee.

6. Attorney-Client Relationship:
a. Lawyer receives the retainer agreement and payment of initial legal fee;
b. Lawyer signs the agreement and attorney-client relationship is established;
c. Lawyer mails a photocopy of the signed agreement to client;
d. Lawyer e-mails a set of documents and questionnaires to client;
e. Under Attorney-Client relationship, Lawyer is bound by professional rules and other pertinent laws and owes a fiduciary duty to client.

III. Processing the Case

7. Contacting Recommenders or References:
a. Lawyer e-mails client a sample email requesting assistance from potential recommenders or references;
b. Client contacts potential recommenders or referees using the modified sample email;
c. Lawyer answers questions regarding choice of recommenders.

8. Preparing Letters of Recommendation:
a. Lawyer e-mails client instructions and sample letters of recommendation;
b. Recommenders and client email Lawyer all letter drafts, usually 5 or 6 letters for one case;
c. Lawyer makes revisions and comments on all letter drafts within two weeks after receiving all drafts from recommenders and client;
d. Client forwards the letter drafts to recommenders for final review and signature;
e. Recommenders review and sign the letters of recommendation, and they send the originally signed letters to client and a copy to Lawyer;
f. Lawyer confirms with each recommender of the receipt of the signed letters.

9. Drafting Petition Letter & Preparing Forms:
a. Client mails to Lawyer all supporting documents including the signed letters of recommendation;
b. Lawyer drafts the NIW or Eb-1A/B petition letter to be submitted to USCIS;
c. Lawyer e-mails client the petition letter draft within approximately two weeks after receiving all supporting documents;
d. Lawyer e-mails client completed immigration forms for client’s review and signature;
e. Lawyer modifies the petition letter based on client’s feedback;
f. Client signs and mails the immigration forms to Lawyer;
g. Lawyer finalizes the petition letter.

10. Filing the Case:
a. Lawyer makes final review of the accuracy and completeness of the documents to be submitted to USCIS;
b. Lawyer signs all the documents and finalizes the petition package to be submitted to USCIS;
c. Petition package is shipped to USCIS via FedEx;
d. Lawyer e-mails client the FedEx tracking number for the shipment.

IV. After Case is Filed

11. USCIS Receipt:
a. Lawyer receives USCIS receipt (usually within two weeks after case is filed);
b. Lawyer e-mails to client a scanned copy of the USCIS receipt;
c. Client may check the online case status with the USCIS receipt number.

12. Approval of the Case:
a. Lawyer receives Approval Notice from USCIS;
b. Lawyer notifies client of the approval;
c. Client mails the payment due for legal fees upon approval;
d. Lawyer mails client the USCIS Approval Notice;
e. Lawyer e-mails to client a sample “Thank You Letter” addressed to the recommenders;
f. Client e-mails or mails to the recommenders a modified “Thank You Letter” to them for their support;
g. Lawyer closes the case file.

V. In Case of Receiving Request for Evidence (RFE)

13. Preparing the Response to RFE:
a. Lawyer immediately notifies client regarding the content of the RFE and e-mails client a scanned copy of the RFE;
b. Lawyer advises client of the documents to be prepared in response to the RFE;
c. Lawyer drafts the Response Letter to RFE;
d. Lawyer files the Response Letter to RFE;
e. See Item 12 above if case is approved.

VI: In Case of Receiving Erroneous Denial

14. Preparing Appeal or Pursuing Other Relief:
a. Upon receipt of the USCIS denial notice, Lawyer immediately notifies client of the denial and the USCIS reasoning for the denial;
b. Lawyer evaluates whether appeal is in client’s best interest;
c. Lawyer advises client of appeal or other available relief and options;
d. Client determines whether to appeal or to pursue other options;
e. Lawyer takes further action to appeal or to pursue other relief.


*Note: The processing of each individual case may be slightly different according to the specific situation.

IMPORTANT NOTE: This message serves as a sample only for the reference of the general public. The information provided in this message is of a general nature and may not apply to any specific facts or under all circumstances. It should not be construed as legal advice, and reading or downloading this message does not establish an attorney-client relationship. It is strongly recommended that you consult with an experienced attorney regarding any legal issues involved in the process.

YOUR SUCCESS MAKES US WHAT WE ARE!

[Company or School Letterhead]

[Date]*

[Employee Recipient’s
Name
Address]**

Re: Offer of Employment

Dear [Employee Name]:

The [Company Name] is pleased to appoint you as a [Job Title] starting immediately. In this capacity you will be responsible for [ Job Duties, for instance, “carrying out cancer genomic research, planning, designing and conducting experimental protocols, analyzing and interpreting research data, instructing and training lower laboratory personal and students, supervising lower level laboratory personnel, and assisting in the preparation of grant application and manuscripts for publication”].

The annual salary for your full time service in this capacity will be [$00000], plus fringe benefits, including health insurance.  We expect that this appointment will continue indefinitely, provided you continue to perform the job duties satisfactorily.

We are very pleased to offer you this position and have every expectation of maintaining you on our staff.

Sincerely,


[Representative of Employer]***
[Title]

* The date must be earlier than the date of submitting the petition.

** The letter must be addressed to the beneficiary employee as in a regular offer letter.  An employment verification letter addressed to USCIS or a third party will not be accepted by USICS in Eb-1B petition.

*** The letter should be signed by an employer representative who has hiring authority, for instance, an officer from human resources.

Under the H-1B portability rule, a foreign worker in H-1B status may begin to work for a new employer upon proper filing of a new H-1B petition by the prospective employer if the following requirements are met:

1. The H-1B worker was lawfully admitted;

2. The new H-1B petition is non-frivolous;

3. The new H-1B petition is filed while the H-1B worker is not out of status; and

4. The H-1B worker has not been engaged in unauthorized employment since last lawful admission.

H-1B portability is a complicated issue that may have serious consequences on the H-1B beneficiary's legal status. We suggest that you consult with an experienced immigration lawyer concerning the factors involved and the potential legal consequences before you decide to work under the portability rules.

Under pertinent laws, a specialty occupation for H-1B purposes must meet one of the following criteria:

1. A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into
the specific occupation;

2. A baccalaureate or higher degree or its equivalent is commonly required in the industry for parallel
positions among similar organizations;

3. The nature of specific duties to be performed is so specialized and complex that knowledge required to
perform the duties is usually associated with attainment of a least a baccalaureate degree;

4. The petitioning employer normally requires a baccalaureate degree or higher or its equivalent for the same or similar position.

The burden of proof is on the petitioning employer who needs to provide documents to establish qualifications under one or more criteria.