California Bar Journal
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Self-Assessment Test
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Answer the following questions after reading the MCLE article on obtaining a green card. Use the answer form provided to send the test, along with a $20 processing fee, to the State Bar. Please allow at least eight weeks for MCLE certificates to reach you in the mail.

1. The labor certification process is prospective in that it does not necessarily correlate with the job an applicant currently holds with the sponsoring employer. 

2. The salary figure reported in a labor certification application can be any salary the sponsoring employer believes to be the "prevailing wage." 

3. An employer can rely on any wage survey as long as it is published.

4. An employer cannot enumerate duties on a labor certification application that combine two unrelated positions, even if it is a business preference.

5. A sponsoring employer - an Italian restaurant - hires a chef with two years' experience as a chef in another Italian restaurant. The chef then works two years for the employer, gaining a total of four years' experience. Since there is potentially a bigger shortage of Italian chefs with four years' experience than those with two years' experience, is it OK to list four years' experience as a minimum requirement on the labor certification application?

6. An employer hires a bookkeeper who speaks both French and English. The employer would like to penetrate the local French-speaking market sometime in the future and presently has one or two clients that speak French as well as English. The sponsoring employer cannot list the French/English bilingual requirement in the labor certification application.

7. John Applicant has obtained approval of a labor certification application filed on his behalf. His sponsoring company goes out of business and he gets a virtually identical job with another company. John can transfer the approved labor certification to his new employer, who is willing to continue with his green card process.

8. Jane Applicant also has obtained approval of a labor certification application. Her company  permanently transfers her to another facility across the country. Since it is the same company and the same job, Jane can continue with her labor certification application in the new location.

9. In a traditional labor certification application, a sponsoring employer runs the required three days of advertisements in the smallest local newspaper in town in order to show there is a shortage of qualified and available U.S. workers. This fails to meet the advertising requirement for labor certification. 

10. A sponsoring employer receives five resumes from the EDD in response to the ads it ran. It waits three weeks to make contact with the five U.S. workers who responded. Since three weeks is a reasonable amount of time to wait before initiating communication with a job applicant, this should not be an issue.

11. After an employer reports its recruitment efforts, the EDD renders the final decision on the application.

12. The DOL currently takes approximately three years to render a decision on many traditional labor certification applications.

13. To take advantage of the speedier RIR labor certification process, an employer reports recruitment efforts dating back 12 months. They include one print ad in the area's big newspaper that ran two months before filing, the existence of an employee referral bonus program, retainer agreements from search firms, postings on the wall for two months and job orders on several internet recruitment sites. Evidence from all 12 months will be considered by the DOL in determining whether a recruitment "pattern" has been demonstrated.

14. The RIR application filed by the employer in question No. 13 will fail because there is no evidence of recruitment in each of the six months preceding the application's filing.

15. Despite the variety of recruitment efforts pursued by the employer from question No. 13, if the employer does not run any print ads, a recruitment pattern will not be established. 

16. After labor certification is approved, the applicant can immediately apply for adjustment of status or elect to process at the U.S. Consulate in his or her home country for green card status. 

17. The employment-based immigrant visa petition classifies the applicant in one of several categories of priority. 

18. India and Taiwan are two countries whose applicants are currently adversely impacted by long quotas in some employment-based categories. 

19. In demonstrating the sponsoring employer's ability to pay the prevailing wage, a letter indicating viability from the CFO of a company with more than 100 U.S. workers will suffice. 

20. Workers of "extraordinary ability" and those qualified in the multinational manager or executive category can self-sponsor or avoid labor certification altogether.