OPINION-US VISA: IMMIGRATION CORNER- (Conclusion) Caregivers needed at your care homes?

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(Conclusion)

• The employer must first make a good-faith effort to recruit a US worker, who is ready, willing and able to work at the job. This is done by way of a recruitment process, involving advertising in the newspaper, posting on websites, etc. But the attorney handling your case would guide you through this recruitment process. Unfortunately, few US workers apply to work as caregivers, as many of you have probably experienced in trying to find someone to work at your facility.

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• The employer must have the “ability to pay” the caregiver’s wage. This typically is satisfied or met if the employer’s net income on their tax returns equals at least the caregiver’s wage.

• It does not need to be a large facility. Even a 6-bed facility could petition a caregiver, provided there is a need for the caregiver and the employer has the ability to pay.

• If there are no qualified US workers after a good faith recruitment effort, the job could be “certified” for the alien by the Department of Labor. The petition is then filed with USCIS and, if approved, the case is sent to the embassy for immigrant visa processing.

• Once the visa is issued, the person would come to the US as a green card holder to work for you.

I know it is difficult finding qualified caregivers to work at your facility. In the meantime, you are working so hard, and you could earn so much more and expand your business if you could find reliable help. Petitioning a trusted caregiver from the Philippines, even a relative, could be the answer and provide you with peace of mind.

If this could be the answer to your situation, and you are interested in petitioning a caregiver (or even a housekeeper), I would recommend that you consult with an attorney, who can evaluate your case and assist in processing, not a work permit, but a green card for a caregiver.

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