Green Card Sponsor Obligation

Green Card Sponsor Obligations

 

The schedule A professions are those that “there are not sufficient US workers who are able, willing, qualified, and available for the occupations listed on Schedule A and that the wages and working conditions of US workers similarly employed will not be adversely affected by the employment of aliens.” The employers and the aliens so not need to obtain labor certification from Department of Labor before they file the I-140 Immigrant Petition for Alien Worker. Petition for a Physical Therapist does not involve the highly technical and complicate labor certification to test the job market.

 

  1. Employment Requirement

 

All physical therapists must first acquire employment or commitment of employment from the employer. The employers can be hospitals, clinics, and institutions providing physical therapy to patients. The capacity of the employer to pay the offered salary and the authentic need for the position are issues to be addressed in the petition.

 

  1. Visa Screen Requirement

 

All foreign healthcare professionals must obtain visa screen certification. For physical therapists, there are two organizations listed by the Department of Homeland Security – The Commission on Graduates of Foreign Nursing Schools and The Foreign Credentialing Commission on Physical Therapy.

 

  1. Form ETA 9089

 

Although Labor Certification is not required from the Department of Labor, the application still need to submit the Form ETA 9089. Immigrant applications for PT are filed directly with the USCIS Service Center and not with the Department of Labor. All the supporting documents, together with the I-140 and ETA 9089 are to be filed to the USCIS.

 

  1. PERM- prevailing wage determination

 

All employers must obtain prevailing wage determination from the State Workforce Agency. The employer must match the prevailing wage at least 100%. The employer is required to pay the 100% of the prevailing wage either when the physical therapist is admitted to take up the certified employment or when the therapist is granted the permanent residency status.

 

  1. Post notices regarding the job opportunity for at least 10 consecutive business days in 2 conspicuous locations at the work site

 

Employers must use any and all in-house media whether electronic or printed in accordance with the normal procedures used in recruiting for other similar positions in the employer’s organization. If the employees have a union, the petitioner must notify the bargaining representative that an immigrant visa petition is being filed. If the employer has notified the bargaining representative, it does not need to post the notice for 10 business days.

 

Reference:

United States Citizenship and Immigration Services. www.uscis.gov

“Before contacting the USCIS, USCIS may be able to help you if you have a question about immigration procedures, or need clarification, by calling the USCIS National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833). This toll-free call center has additional information and, during their specified office hours, can connect you to live assistance in English and Spanish. The NCSC will be able to answer most questions - although they cannot provide information about the status of your case over the telephone.”

 

 

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