第一部分 PERM劳工证申请概述·································································································· 4
一、PERM劳工证简介··········································································································· 4
二、PERM法源依据··············································································································· 4
三、PERM保留特点··············································································································· 5
四、PERM申请的特殊处理(Special Handling)········································································ 6
五、Schedule A职位·············································································································· 7
第二部分 PERM劳工证申请流程图······························································································ 8
第三部分 PERM劳工证申请操作手册·························································································· 10
一、PERM劳工证申请条件································································································ 10
1．需要申请PERM劳工证的情况····················································································· 10
2．PERM劳工证申请适用标准························································································· 10
二、雇主从州劳工局获得批准的普遍工资(Prevailing Wage)················································ 10
1．普遍工资定义············································································································· 10
2．普遍工资水平············································································································· 11
3．普遍工资标准分为四级······························································································· 11
4．四级工资标准确定的影响因素····················································································· 11
5．PERM 劳工证的普遍工资要达到100%······································································ 12
6．如何获得普遍工资······································································································ 13
7．普遍工资申请表及填写指南························································································ 19
三、雇主的招聘工作··········································································································· 25
1．招聘工作类型·············································································································· 25
2．招聘工作流程·············································································································· 26
3．招聘文件样本·············································································································· 26
四、PERM在线申请注册账户···························································································· 32
五、ETA-9089表格填写指南······························································································ 36
六、雇主提交PERM劳工证申请························································································ 65
1．在线提交···················································································································· 65
2．邮寄提交···················································································································· 66
七、劳工部对PERM的审核···································································································· 67
1．劳工部抽调审核·········································································································· 67
2．PERM审核结果········································································································· 68
3．申请得到批准············································································································· 68
4．申请被否决················································································································· 69
八、外籍劳工申诉委员会(BALCA)对被拒劳工证的复核··························································· 70
1．相关规定和程序·········································································································· 70
2．劳工证上诉委员会(BALCA)的审议和决定··································································· 71
九、劳工证被拒后提交新的申请······························································································ 72
十、劳工证有效期和取消替代劳工证······················································································· 72
十一、劳工证申请中的欺诈和造假行为··················································································· 72
第四部分 附录···························································································································· 74
一、外籍劳工申诉委员会(BALCA)最新判例············································································ 74
二、律师在PERM申请中的角色····························································································· 74
三、2010年美国标准职业分类手册························································································ 75
四、纽约州普遍工资申请表(
——> 声明······································································································································· 78
目录
第一部分：概述················································································································· 5
一、法令依据············································································································· 5
二、适合人群············································································································· 6
第二部分：流程图············································································································· 7
第三部分：职业移民第三优先（EB-3）综述··································································· 9
一、职业移民第三优先（EB-3）分类·········································································· 9
二、EB-3共同点········································································································ 9
三、EB-3签证名额与配额排期··················································································· 10
第四部分：EB-3专业人员移民申请条件·········································································· 11
一、永久的全职工作机会···························································································· 11
二、劳工证与专业职位······························································································· 11
三、满足最低职位要求······························································································· 12
四、雇主有能力支付薪水···························································································· 12
五、雇主和外籍人士提出移民申请的意图··································································· 22
六、外籍人士拥有合格学历························································································ 24
第五部分：PERM永久劳工证申请··················································································· 26
一、普遍工资··············································································································· 26
二、招聘广告··············································································································· 26
三、雇主提交申请········································································································ 26
四、劳工部审核申请····································································································· 26
第六部分：递交完整的移民申请包裹··············································································· 27
一、申请所需文件及要求······························································································ 27
1、I-140申请所需文件·························································································· 27
2、对翻译文件的要求 ·························································································· 28
二、外籍劳工移民申请表（I-140）填写指南································································ 28
三、信函范例··············································································································· 41
1. 雇主申请信（中英文）···················································································· 41
2. 工作经历证明函······························································································· 45
四、规费及付款方式····································································································· 47
五、申请提交··············································································································· 47
1. 电子提交········································································································· 47
2. 邮寄提交········································································································· 52
六、申请注意事项········································································································ 53
七、多份I-140申请····································································································· 53
八、I-140申请收件通知······························································································· 55
九、案件进度查询········································································································ 57
十、案件结果查询········································································································ 61
十一、I-907加速申请··································································································· 64
1. 加速申请概述·································································································· 64
2. I-140加速申请的利弊······················································································ 64
3. 加速申请费用提交说明···················································································· 64
4. 提交加速申请的地址························································································ 65
5. I-907表格填写指南························································································· 67
第七部分：I-140申请的审理····························································································· 72
一、要求补件“RFE”······································································································ 72
二、申请批准··············································································································· 74
三、申请被拒··············································································································· 76
四、申请被拒后的申诉································································································· 78
第八部分：申请后的其他事宜·························································································· 79
一、雇主变更··············································································································· 79
二、工作职责改变········································································································ 79
三、工作地点改变········································································································ 80
四、更换雇主··············································································································· 80
五、申请撤回··············································································································· 81
六、儿童超龄保护········································································································ 81
七、申请批准后，改变主意·························································································· 82
——> 声明························································································································· 83
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《（PERM）永久劳工证申请操作指南》