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Immigration Issues/Employer Lied on ETA Form 9089 paperwork


Dear Mr. Ashley,

I thank you in advance for taking the time to read my question. I am here on an H1-B visa that is going to expire soon and I have applied for employer based Permanent Residency recently. My employer and I have finished all of my PERM paperwork. I do not hold what would be considered a "special" employment position in the United States and if the Department of Labor looked into things enough they would know that there are really more than enough Americans to do the job I am here for. Last week, my company laid off a few people including and American girl that held a supervisory position over me ( I was entry level). After she was gone they told me that they were promoting me to her position. Now I am really worried because I think that perhaps it was illegal for me to take her place? My employer also lied on my ETA form 9089 paperwork when they stated that they did a search for an American capable and willing to do my job. They never did a search and in front of many people ( including the lady they laid off) my boss and another supervisor ( who  holds a green card) stated " Well, if we have to we will post a fake ad and when people call we will just tell them the position is filled".There is another American girl that I work with besides the one that was laid-off that is capable of doing the job I was promoted to. I have a feeling my employer is just paying me less than the girl they laid -off to do the job. Many people have heard these statements of not conducting a job search and I am worried that someone will report me to the Department of Labor or to Immigration. Do I have anything to be worried about?

Thanks you again for your time.

Your employer has the responsibility of properly following all of the steps related to the application of a PERM.  The fact that they are not following the steps on purpose and the fact that you know they are not could pose a problem for you if the case is audited.  I would suggest that you try to find an employer to sponsor your visa that is honest and has integrity and not risk it with an unscrupulous employer.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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