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US IMMIGRATION UPDATES
LEGAL NOTES / JUL 5 2006 |
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Labor Certification Documents for Domestic Workers
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By Reuben S. Seguritan, Esq.
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The labor certification process for so-called “household domestic service workers” varies slightly to the extent that specific documents are required to be kept by the employer in the PERM audit file.
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As a preliminary matter, household domestic service workers must be distinguished from household positions that provide health services such as home health aides, or those positions that provide instructional services such as a child tutor.
The audit file of household domestic service workers must contain
the following documents: first, a statement regarding the worker’s
living accommodations; second, two copies of the employment
contract; and thirdly, document showing at least one year of
full-time employment as household domestic service worker.
The statement about the worker’s living accommodations must include
the type of residence (apartment or house); the number of rooms the
residence has; the occupants (the number of adults and children) and
whether room and board are provided.
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The employment contract must contain a detailed description of the
job duties, the weekly or hourly wage, and the work hours per week
as well as the exact hours when the alien works. It must state that
the alien will reside in the employer’s premises and is free to
leave during non-work hours, unless the alien will render overtime
work for which s/he will be paid the legal overtime hourly rate. It
must also state that private room and board will be provided to the
worker at no cost.
Also, the employment contract must indicate the total amount of
money advanced by the employer, if any, with specific details and
terms for repayment by the worker. The contract must also provide
that the worker will not be required to give more than 2 weeks’
notice before terminating employment. It should contain all other
terms and conditions of employment not specified on the application
form.
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Finally, the audit file must contain documents that show at least
one year of full-time employment as household domestic service
worker. The documents must indicate the start and end dates of
employment; work hours per day and the number of days worked per
week; a description of the job duties, including equipment or
appliances used; and the weekly or monthly wages paid.
The statement must be signed by a past or present employer and
indicate the full name and address of the signatory and date when
the statement was signed.
REUBEN S. SEGURITAN has been practicing law for
over 30 years. He was former immigration editor and is author of a
book on immigrant experiences. He frequently speaks on immigrant
issues and for his advocacy efforts he was the recipient of two
presidential awards by President Ramos and an award by the
Commission on Filipinos Overseas. He previously taught business law
and international politics. For further information, you may call
him at 212 695 5281 or log on to his website at www.seguritan.com |
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