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I apologize in advance if these are stupid questions. I own a small business and am interested in sponsoring a person from the Philippines who is an unskilled worker. This individual is currently visiting in the United States, B-1, as a domestic employee of a United States citizen, and will be returning to the Philippines shortly.
I have read extensively and am aware that, if approved, the labor certification is good for a maximum of 180 days.
The problem exists with the current priority date for Philippines, which is about 5 years back as of the time I write this.
I have three questions:
1. Will obtaining labor certification be an exercise in futility, since the priority date is so far back and the labor certification is good for only 180 days? I'm specifically asking if the labor cert becomes useless if the priority date is outside the 180 days. Or does filing the application for green card "lock in" the labor certification for this prospective employee?
2. If I obtain the labor certification, can my prospective employee file the application for permanent residency even though the priority date is not current?
3. If I am successful in obtaining the labor cert and this individual has returned to the U.S. BEFORE the cert and green card application are filed (a real possibility, given the nature of current employment as travel back and forth to U.S. is somewhat frequent with current employment), can the prospective employee obtain an EAD that would permit the individual to remain in the U.S. and work for my company, assuming renewal of B-1 prior to re-entry into the United States?
I have read extensively and am aware that, if approved, the labor certification is good for a maximum of 180 days.
The problem exists with the current priority date for Philippines, which is about 5 years back as of the time I write this.
I have three questions:
1. Will obtaining labor certification be an exercise in futility, since the priority date is so far back and the labor certification is good for only 180 days? I'm specifically asking if the labor cert becomes useless if the priority date is outside the 180 days. Or does filing the application for green card "lock in" the labor certification for this prospective employee?
2. If I obtain the labor certification, can my prospective employee file the application for permanent residency even though the priority date is not current?
3. If I am successful in obtaining the labor cert and this individual has returned to the U.S. BEFORE the cert and green card application are filed (a real possibility, given the nature of current employment as travel back and forth to U.S. is somewhat frequent with current employment), can the prospective employee obtain an EAD that would permit the individual to remain in the U.S. and work for my company, assuming renewal of B-1 prior to re-entry into the United States?
