Recent Articles

Perm Practice Tips -- January 9, 2009

Joel Stewart
January 05, 2009 13:40

The third in our series of PERM telephonic seminars will take place on Thursday, January 9. The topics we will cover are the following: Attorney Representation in PERM Applications : What is the difference between an Agent and an Attorney? Who may compensate the attorney and for which services?...

More about the attorney's role in recruitment procedures

Joel Stewart
January 04, 2009 17:25

Last week I reported on the July 16, 2008, temporary agreement between a major immigration law firm and the Department of Labor. The agreement contained stipulations regarding the role attorneys play in the recruitment procedure associated with PERM. This week, I will continue to analyze the...

SVP Discrepancies by Lori Melton

Joel Stewart
December 29, 2008 14:05

Lori's article in the PERM Book II is actually entitled "SVP: Discrepancies between the O*Net and the DOT." Laurie explains that discrepancies between SVP determinations in the O*Net on-line database and the now-outdated Dictionary of Occupational Titles can best be understood by reviewing 11...

How to Extend an H-1B Past the 6th Year with PERM

Joel Stewart
December 23, 2008 15:40

This weekend I met with a client who is in her sixth year of H-1B status. This should be her last year, since there is a six-year limit for H-1B workers. Her fiancee is a permanent resident alien (green card holder) who wishes to apply for citizenship. If he becomes a US citizen, the lady can...

More about H-1B Beyond the Sixth Year

Joel Stewart
December 23, 2008 15:02

In my last blog, two weeks ago, I explained how an H-1B worker can change status, even after the sixth year of H-1B status has begun, and then return to H-1B status later, when a PERM case has been filed for one year. I received several comments about this. One had to do with issues of dual intent....

BALCA Decisions: INA v PERM

Joel Stewart
December 01, 2008 14:08

Remember that labor certifications that have been denied by Certifying Officers may be reviewed by the Board of Alien Labor Certification Appeals (BALCA). The Board's decisions offer a large measure of judicial objectivity, when compared to the decisions of Certifying Officers who view legal issues...

Attorney Do's and Don'ts for Job Applicant Interviews

Joel Stewart
November 21, 2008 15:46

This topic is of great interest, since the DOL has focused on a national law firm and its method of advising employers to interview US workers for job opportunities. The law firm and the DOL entered into an agreement defining the correct manner of reviewing, interviewing and identifying qualified...

PERM Practice Tips: ILW Teleconferences Scheduled

Joel Stewart
November 17, 2008 13:43

Our next round of PERM teleconferences is scheduled for November 26, December 18, and January 8. The topic covers a large number of specific issues that are confusing and troublesome for practitioners. The first session on November 26, 2008, includes the following topics: Powers and Duties of Agent...

Alien may substitute US Employer in PERM Case

Joel Stewart
November 10, 2008 12:10

While employers may not substitute aliens, in some situations aliens may substitute employers. The change would occur after the PERM case is approved. The new employer would file an I-140 petition and provide documentation why he believes he can be substituted for the original employer, whose name...

How to expedite review of a PERM Denial!

Joel Stewart
November 01, 2008 16:29

David Pakula, a Florida attorney, wrote the Federal Litigation guide for the PERM Book II. David was asked to opine on the subject of exhaustion of administrative remedies. The issue is whether an employer has to go to BALCA for review and then to federal court, or whether the employer can bipass...