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(2009年4月2日更新)································································· 75

——> 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

赠送包裹

《（PERM）永久劳工证申请操作指南》