No More Fence Sitting
From October 2005
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Immigrant Hiring Just Got Tougher
By Patricia Kutza
There’s a seismic shift happening with immigration laws. Legions of regional small businesses that currently hire or plan to hire immigrant workers may be in for the ride of their lives as they ramp up to comply with new and revised legislation.“While no level-headed business owner would deliberately avoid complying, sheer ignorance of these legislative changes can spell dire consequences for their operations,” says Vallejo-based immigration law attorney Clarence Mamaril. “Hiring noncitizen workers can be a scary process,” says Lilia Saddi, owner of Jen-N-Leen Board and Care, a residential care facility located in Fairfield. “There’s plenty of paper work. The process is long and tedious, and it can be upward of one year to hire a noncitizen caretaker.
“What makes it so scary,” warns Saddi, “is that you have to be really careful that you do everything correctly. I advise anyone who wants to hire immigrant workers to spend the money on a good attorney. He/she will help you work through what is a very complicated process and avoid costly mistakes.”
A Bad PERM
The Program Electronic Management Review procedure, instituted by the U.S. Department of Labor in March 2005, is designed to streamline the labor-certification process that enables employers to permanently hire foreign-born workers. Employers must show that there are insufficient U.S. workers willing and qualified to do the same job and that the wages paid to these workers will not adversely affect the wages and working conditions of U.S. workers.
But a shaky rollout featuring ambiguous guidelines has employers scrambling between following the old application rules and adhering to the new ones. Employers, hoping to use the new system to speed up the processing of a pre-existing application, may risk losing their old priority date if they make any errors when re-applying.
Continued...
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