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BUSINESS WATCH |
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It Will Cost a Lot to go to H But Not as Much to go to L - An Immigration Update By Gregory B. Minter (continued)
● There are antifraud provisions which include verification that the employer is a bona fide business entity with employees on its payroll and that the results of recruitment, which are not filed with the Department of Labor under PERM, are available for verification by the DOL.
● There is a provision for conversion of existing cases. Labor certification is required for employment-based immigrant visa petitions except those in the first employment-based preference (persons of “extraordinary ability”, “outstanding professors and researchers”, and “executives” and “managers” under L-1A and B), and the second employment-based preference where the person is the beneficiary of a national benefit waiver. Labor certification is also not required in respect to certain special immigrant persons, such as religious workers, and investors.
Please direct any questions you may have with respect to the foregoing discussion to Gregory B. Minter or Amy Erlbacher-Anderson.
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