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      Immigration Sponsorship — page 3

      Labor condition applications and public access files, prevailing wage determinations, permanent labor certification audits, school certification and student record reporting, employment verification programs, and the penalties for getting any of it wrong.

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      Immigration Sponsorship

      Reverification and the Documents That May Not Be Demanded

      Reverification is required when the document recorded as evidence of employment authorization expires, and it is completed on or before that date using the reverification supplement. It is not permitted for citizens and noncitizen nationals, for permanent residents who presented a permanent resident card, or on the expiration of an identity-only document. At reverification the employee presents an unexpired document evidencing authorization, and the employer may not name one.

      6 min readFederal law

      26
      Immigration Sponsorship

      The Required Recruitment Steps and the Order They Must Follow

      For a professional position the employer must place a job order with the state workforce agency for a set period and run two Sunday advertisements in a newspaper of general circulation, then complete three additional steps drawn from a list in the regulation. No step may be older than the outer limit before filing, and other than one permitted additional step, all recruitment must conclude before a quiet period that runs up to the filing date. A signed recruitment report records the outcome.

      5 min readFederal law

      27
      Immigration Sponsorship

      Enrolling in the Electronic Verification Program

      An employer enrolls online, chooses an access method and signs a memorandum of understanding with two federal agencies. The memorandum requires a case for every new hire at a participating site no later than the third business day after work for pay begins, forbids prescreening and selective verification, requires two notices to be posted, and permits the agencies to review records. Contractors carrying the verification clause enroll on fixed deadlines after award.

      5 min readFederal law

      28
      Immigration Sponsorship

      The Audit Notification and the Supervised Recruitment That Can Follow

      An audit notification requires the employer to furnish the documentation supporting the application within a period stated in the letter, with a single extension available on request. A failure to respond results in denial, and the denial is not subject to reconsideration or review. The certifying officer may also require supervised recruitment, in which advertisements are drafted for approval, placed as directed, and applicants are routed to the officer rather than to the employer.

      5 min readFederal law

      29
      Immigration Sponsorship

      Training and Internship Programs: The Placement Plan

      A designated sponsor places an exchange visitor with a host organization under a written placement plan signed by all three parties before the program starts. The plan sets out phases, learning objectives, supervision and the evaluation schedule. Certain placements are barred outright, including unskilled or casual labor and positions weighted toward clerical work. The sponsor verifies the host's capacity and carries the sanction if the placement is not what the plan described.

      6 min readFederal law

      30
      Immigration Sponsorship

      Practical Training and the Employer Reporting Duty

      Curricular training is authorized by the school for a named employer and fixed dates. Post-completion training is authorized by the immigration agency through an employment document. The extended track imposes obligations directly on the employer: a signed training plan describing supervision and goals, enrollment in the electronic verification program, three written attestations about the position, and a report to the school within five business days of a departure.

      6 min readFederal law