"On Thursday, January 22nd, 2015 from 4:30pm until 5:30pm EST , the Department of Labor (Department) will host a stakeholder listening session regarding the Permanent Labor Certification Program (PERM) via conference call. The session will be led by the Department's...
"This year marks the 10th anniversary of the PERM regulations, which govern the labor certification process for the permanent employment of immigrant foreign workers and establish responsibilities of employers who wish to employ these workers permanently in...
Jonathan Moore writes: "David Gluckman and I wanted to pass along two additional documents that were produced in the Gluckman v. DOL PERM FOIA litigation (prior posts here and here ). Specifically, these two documents are directives from November 2009...
"As of October 27, 2014, the Atlanta National Processing Center has changed its process and will no longer automatically forward to BALCA all PERM case Requests for Reconsideration where the original case decision was upheld. Rather, a Notice of Decision will...
" Two new Frequently Asked Questions (FAQ) have been posted for the PERM Program. The first new FAQ addresses when an employer should mark "yes" when responding to the Question C.9 on the ETA Form 9089: "is there a familial relationship between...
"While we await the DOL’s forthcoming FAQ, it is important to make every attempt to alert the CO that the foreign national possesses the qualification required for the offered position. If the offered position requires experience in specific technologies then...
A Tool for Drafting Form 9089, including degree equivalency drafting tips for EB2 & EB3 The editors of IMMIGRATION LAW AND PROCEDURE, the premier immigration law treatise cited by U.S. federal courts, announce the formation of a Focus Group to review and...
Jonathan L. Moore writes: "I wanted to follow up with you on this PERM FOIA litigation (prior post here ). As a reminder, I represent the plaintiff, David Gluckman, in the case. The Department of Labor has produced responsive documents , and David and I...
"This FAQ addresses how an employer is to demonstrate that it notified and considered laid-off U.S. workers for the job opportunity listed on the ETA Form 9089. To read the FAQ, please click here and scroll to the PERM / Recruitment Report subheading."...
"The OFLC Audit Plan presents Audit and Supervised Recruitment Tiers which specify the types of cases that will be targeted for Audit Review and tagged for Supervised Recruitment. As the DOL has indicated, this plan is being released in response to a FOIA...
"Section 212(a)(5)(A) of the Immigration and Nationality Act requires the Secretary to certify the admissibility of a foreign national for employment only when the Secretary can certify that the employment of that foreign worker will not adversely impact the...
"On March 15, 2012, Plaintiff, an immigration attorney, requested documents under FOIA from the OFLC regarding OFLC’s Program Electronic Review Management System (“PERM”). ... The 272 relevant withheld documents are better characterized as compiled for audit...
"OFLC appreciates the challenges the regulated community has experienced as a result of the lapse in appropriations, which resulted in the cessation of the operation of OFLC's electronic systems, and further resulted in a backlog of documents submitted...
"When it comes to the PERM process, the employer must go out of its way to demonstrate to the DOL that it has, in good faith, tried it’s best to find a U.S. worker to fill the offered position. In addition, the employer should take pains to explain in great...
" Recently, the Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) published its factsheet with statistics on the PERM program for FY2012 covering the period from October 2011 to September 16, 2012. Of the 67,400 PERM applications...