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Attorney2
Attorney2, Attorney
Category: Immigration Law
Satisfied Customers: 6715
Experience:  29 Years In General Practice,
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Would like an opinion regarding Form 9141 (Prevailing Wage).

Customer Question

Would like an opinion regarding Form 9141 (Prevailing Wage). Specifically, l would like to know if responses to Job Duties and Special Requirements sections are appropriately written as based on O*NET Code 13-2052 (Personal Financial Advisors).Job Duties:Build and maintain highly communicative relationships with clients on an ongoing basis. Interview clients to determine their current income, expenses, insurance coverage, tax status, tolerance for different kinds of risk, as well as legal and/or family dynamics or other facts or experiences that are relevant to defining their financial goals and objectives. Analyze all relevant information obtained from clients to develop the most appropriate recommendations and strategies regarding cash management, investment and tax planning; securities; insurance policies; pension/retirement plans; ancillary employee benefits; real estate; and other financial vehicles/instruments that may impact the clients’ financial plans and objectives. Document financial plans for clients and answer questions about the purposes and details of the planning strategies and recommendations contained therein. Provide implementation guidance, detailing the types of services and responsibilities to be undertaken by the Financial Planner and those to be implemented elsewhere. Provide ongoing monitoring advice to ensure that clients’ financial plans stay up-to-date and continue to aid in the achievement of their overall objectives as they proceed through life changes, economic changes, or financial performance concerns that may indicate a need for plan reassessment.Special Requirements -- (would also be used as requirements in advertising) -- kept basic and to the point:CFP® certification; FINRA licenses 6, 63, 65 (or equiv); and FL life/health ins. license (2-15)
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 month ago.

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

Customer: replied 1 month ago.
A guess that the "few minutes" thing is a term or art? It's been over 24 hours. My request is not urgent, but please don't say "a few minutes" if that is not the case.
Expert:  Attorney2 replied 1 month ago.

I am a different Attorney and it will be my pleasure to assist you. The advertising states that a "Lawyer usually responds in minutes". Unfortunately for the Attorneys we only receive access to the questions when the site opens them up for us to answer. I wish they would word the advertising differently as you are not the first customer to state this. The Attorneys on the site do not handle advertising or customer accounts. If you would like to continue it would be my pleasure to continue to assist you. Please let me know if you would like to proceed.

Customer: replied 1 month ago.
I wasn't referring to the advertising, but rather, to Jen Marie's response that "I'm reviewing your question and will be with you in a few minutes."Nevertheless, if you can provide me with an answer to my question as to whether the Job Duties / Special Requirements are appropriately written for the purposes of Form 9141 and the associated ads that we will place for this position, I would appreciate it. Thank you.
Expert:  Attorney2 replied 1 month ago.

Thank you for the clarification. That is a problem and I apologize for this happening. Yes, it will be my pleasure to assist you. Let me pull up this information.

Expert:  Attorney2 replied 1 month ago.

This site has been helpful in answering questions with regard to this matter. https://www.hooyou.com/lc/permfaq.html

I have more information for you.

Expert:  Attorney2 replied 1 month ago.

"Would like an opinion regarding Form 9141 (Prevailing Wage). Specifically, l would like to know if responses to Job Duties and Special Requirements sections are appropriately written as based on O*NET Code 13-2052 (Personal Financial Advisors).

Job Duties:

Build and maintain highly communicative relationships with clients on an ongoing basis. Interview clients to determine their current income, expenses, insurance coverage, tax status, tolerance for different kinds of risk, as well as legal and/or family dynamics or other facts or experiences that are relevant to defining their financial goals and objectives. Analyze all relevant information obtained from clients to develop the most appropriate recommendations and strategies regarding cash management, investment and tax planning; securities; insurance policies; pension/retirement plans; ancillary employee benefits; real estate; and other financial vehicles/instruments that may impact the clients’ financial plans and objectives. Document financial plans for clients and answer questions about the purposes and details of the planning strategies and recommendations contained therein. Provide implementation guidance, detailing the types of services and responsibilities to be undertaken by the Financial Planner and those to be implemented elsewhere. Provide ongoing monitoring advice to ensure that clients’ financial plans stay up-to-date and continue to aid in the achievement of their overall objectives as they proceed through life changes, economic changes, or financial performance concerns that may indicate a need for plan reassessment.

Special Requirements -- (would also be used as requirements in advertising) -- kept basic and to the point:

CFP® certification; FINRA licenses 6, 63, 65 (or equiv); and FL life/health ins. license (2-15)"

What was the reason for the denial as what you stated above is within the requirements?

Expert:  Attorney2 replied 1 month ago.

Your description fits the requirements.

"Employer Requirements

The petitioning employer must prove the following:

  • The position is a full-time job located in the U.S.
  • The position is a bona fide job offer available to U.S. workers.
  • Job requirements are not tailored to the alien worker’s qualifications.

    -In other words, the employer must establish that the job’s requirements are not unduly restrictive, unless such requirements can be shown to arise out of business necessity.

  • The offered wage meets prevailing wage requirements.

    -To satisfy this, the wage must be equal to or greater than the prevailing wage for the occupation in the area of intended employment. (In the past, U.S. Department of Labor (DOL) allowed for a 5-percent deviation; however, this is no longer permitted.)

  • It has the financial ability to pay the offered wage.
  • After the recruitment processes, it is determined that no qualified, willing, and able U.S. workers are available to accept the job offer and fill the position.
  • Employment of the alien will not adversely affect the wages and working conditions of U.S. workers.

https://www.hooyou.com/lc/perm_requirement.html

Customer: replied 1 month ago.
I know all of this and have read the hooyou page (among others) before.What I am looking for is an answer as to whether or not an immigration attorney (with PERM experience) is of the opinion that we have written the Job Duties and Specific Requirements in such a way as it does not appear "tailored" or would otherwise contain language that might draw unfavorable attention from a PERM Certifying Officer.I realize that you are not in a position to warrant or guarantee anything.......all we are looking for is an expert opinion with the experience of having seen what makes a PERM application have a good chance at success, as opposed to those that do not............and then give us an idea if we are well positioned for success, given the language we are using.
Expert:  Attorney2 replied 1 month ago.

My apologies, I thought I answered that question above. I do not see any issues with the way this is written.

Expert:  Attorney2 replied 1 month ago.

I can also provide a link for local Attorneys that provide FREE consultations if that would be helpful? Where in Florida are you located?

Expert:  Attorney2 replied 1 month ago.

Let me opt out for another Attorney to assist you.

Customer: replied 1 month ago.
Does the link indicate whether the attorney offering consultation has experience with PERM applications? My experience has been that a lot of attorneys know how to do family-based immigration cases, but are unreliable when it comes to the intricacies of filing a PERM?
Expert:  Attorney2 replied 1 month ago.

There is a resource that Attorneys use to find colleagues that practice in specialized areas of law that either are outside of our jurisdictions or our area of practice. Let me provide that link.

Expert:  Attorney2 replied 1 month ago.

Where are you located?

Expert:  Attorney2 replied 1 month ago.

For example https://www.fl-ilc.com/practice-areas/labor-certification/permanent-labor-certifications/

This link provides samples http://www.immi-usa.com/perm/perm-advertising-requirements/

http://www.nolo.com/legal-encyclopedia/employers-five-most-common-perm-mistakes.html

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you for your consideration.

Thank you for using JA! We appreciate your business.

Expert:  Attorney2 replied 1 month ago.

Are you still online with me?

Customer: replied 1 month ago.
Working on other stuff, but yes. I have researched a lot of the material and met with a few of the attorneys in town. They are helpful at answering broad questions, but hesitant to address specifics like I am looking for. I've hired two attorneys over the years, one to submit TN paperwork, the other a PERM. The first one got me refused at the border and the other missed details that resulted in a seven year wait that severely impacted my career. I am reluctant to pay several thousand dollars more only to have an attorney cash the check and file paperwork without appropriate attention to detail. I would rather pay a separate consultation fee to somebody I know to have copious PERM experience to render an opinion that gives me confidence (or direction on how to improve the language).
Expert:  Attorney2 replied 1 month ago.

Unfortunately, as stated in the terms of service for this site posted we can only provide customers with general information that, hopefully, gets them headed in the right direction. There appears to be some confusion as to what the site provides. I provided every resource, including but not limited, to reading your suggested job description. If you are not willing to contact an experienced attorney in these matters you would need to follow the guidelines as I set out above. Let me provide you with the terms of service as there appears to confusion on what the Attorneys on the site agree to provide the customers.

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