Recent Articles

PERM Telephone Workshops

Joel Stewart
March 20, 2012 13:44

We're kicking off a new season of PERM workshops this week. Ths idea is to bring PERM up to date in 2012. Many changes have been made in the regulations, operating instructions (FAQ's and Stakeholder Meetings), and BALCA has issued a plethora of decisions since 2005 when PERM was introduced as the...

PERM: Lawyers and Para-Legals

Joel Stewart
February 21, 2012 15:03

In case you haven't noticed, the O*Net has been readjusted and the position of paralegal has been down-graded to a Job Zone 3, requiring only two years of preparation time (including education, training and experience) and only a two-year associate degree. As such, it will be difficult to obtain...

PERM: FAQ on Timely Responses

Joel Stewart
February 13, 2012 16:49

The DOL issued an FAQ entitled, "What should an employer do if it is unable to provide documentation in response to a decision or a request for information in a timely manner, i.e., prior to an established deadline, particularly in extenuating circumstances where the deadline is immediate?" In this...

PERM: Job Applicant Must Be Available!

Joel Stewart
February 06, 2012 01:10

Recently an attorney asked about a job applicant who was not immediately available to work for an employer. The statute says that job applicants must be qualified, available, willing and able to accept the offer of employment. In these difficult times, many persons are out of work, actively looking...

PERM: Employers May Not Seek Highly Qualified Employees

Joel Stewart
January 17, 2012 13:20

I frequently receive questions about qualifications and requirements stipulated for job opportunities. Often, the Employer wants a highly qualified person with years of experience, education, training, and special qualifications as well. The fact is that each job in the United States is listed in...

PERM: The Ghosts of Christmas Past!

Joel Stewart
December 04, 2011 16:27

I call your attention to a Memorandum entitled "Directive: General Administrative Letter No. 1-97," dated October 1, 1996. The Memo was written by Barbara Ann Farmer, then-Administrator for Regional Management of the US DOL, and the subject was "Measures for Increasing Efficiency in the Permanent...

PERM: More about Family Ownership

Joel Stewart
October 24, 2011 11:33

A colleague received a Notice of Intent to Deny an I-140 petition. The DHS states that the underlying labor certification (a pre-PERM case) does not reveal that there may be a family relationship between the employer and the alien. The NOID states, “Whether position was truly available, because...

PERM: Challenging Prevailing Wage Requests

Joel Stewart
October 03, 2011 12:26

Now that the prevailihng wage crisis is ending, determinations are being issued and things are getting back to normal -- well almost. Perhaps because of lack of training or need to do PWD's very quickly, stakeholders report a growing number of inaccurate and unusually high PW'D's. Determinations...

PERM: Prevailing Wage Determinations Suspended - What to Do?

Joel Stewart
September 12, 2011 15:26

The temporary suspension of prevailing wages by DOL for PERM cases should not present a serious problem for most Employers, unless the proposed PERM filing is time sensitive to preserve the alien's right to extend H-1B visa privileges. The regulation requires that the prevailing wage be obtained...

PERM: Prevailing Wage Determinations -- Update

Joel Stewart
September 12, 2011 12:58

Please look at the previous Blog entry which discusses some pointers for Employers to deal with the current unavailability of prevailing wages. Employers who must file before obtaining a prevailing wage to comply with the 180 day recruitment filing requirement may consider sending their...