EB5 Investors Magazine Volume 4 Issue 1 | Page 102

Continued from page 99 - Employee referral program with incentives; - Use of campus placement offices; - Use of local and ethnic newspapers; - Use of radio and television advertisements. Only one of the aforementioned efforts may be conducted within 30 days of filing the PERM labor certification application, and none may take place more than 180 days prior to filing the application. Notice of the job opportunity must be posted in a clear and conspicuous location for at least 10 consecutive business days within 30 to 180 days before filing the labor certification application. workers do not displace U.S. workers. Only after recruitment is completed, and if the employers can show that they were not able to find qualified, able and willing domestic workers for the position, would the agency certify a PERM application. The sponsoring employer must review and interview applicants and disclose to Department of Labor receipt of all applications. If any of these regulations are broken, the sponsoring company and all persons involved in the process can be subject to enforcement action including criminal prosecution. The following are warning signs that applicants should be aware of when seeking an EB-3 unskilled worker position: • They are asked to pay the legal fees, advertising fees, or administrative fees associated with the EB-3 process. The U.S. Department of Labor regulations require that the employer cover all expenses in connection with the first step of the sponsorship process, which includes the legal fees, expenses, and all advertisement costs associated with the test of the labor market2. At this time, there are no exceptions to this requirement and prospective employees or third parties may not provide any reimbursement or offer to cover any portion of these costs. • Paying fees to an agent to find an EB-3 position for sponsorship. No fees can be charged to the prospective employee in connection with obtaining a position for a foreign national with a prospective employer. • Advertisements that state that the EB-3 position requires only a 12-month employment commitment. Jobs through the PERM process are required to be permanent in nature and should not have a finite completion date3. • The applicant has never spoken to the sponsoring employer, has not had any communication (written, via telephone, or email) with the employer, and was not part of an interview process. Many employers sponsor and recruit foreign nationals and those applications are valid and approvable. In addition, the employer must publish the notice in any and all in-house media, whether electronic or printed, in accordance with the normal procedures used for the recruitment of similar positions in the employer’s organization. The notice must explain that it is being provided because the employer is filing a labor certification. What is Wrong with Current “Selling” of EB-3 Jobs The way the EB-3 program is being described and offered to the public is inconsistent with the USCIS and Department of Labor laws and regulations. If EB-3 “for sale” programs intentionally circumvent the legal requirements, then they are fraudulent. The Department of Labor’s main purpose is to ensure that foreign A Successful Project Always Starts with a Great Plan EB-5 Project Planning doesn’t have to be a hassle when you have a one stop shop to fulfill most of your needs. Business Planning (All visa types) Global Tax Planning Economic Impact Analyses Marketing Design Services EB-5 Feasibility Reports TEA Designations The following are indicators that an EB-3 sponsorship is valid: • The employee is currently working with the employer overseas or in the U.S., and the employer now wants to sponsor him or her for permanent residence so that he or she can permanently retain the position with the company in the U.S. • The employee replied to an advertisement by the company or a recruitment agency and was interviewed by the company for the position – whether over the telephone or via e-mail. They were required to discuss their skills and experience for the position and answer questions related to the job. • The employee was not asked to pay any fee for the PERM application, legal costs for PERM, or to secure the position with the employer. Ismael Fernández, PhD, MBA Founder and President Visit our website to checkout our new EB-5 TEA map. greengateplans.com/eb-5map www.greengateplans.com 100 Continued to page 102