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Immigration Law

: Joel Stewart's Blog

The PERM Story: A Statute Gone Awry

By Joel Stewart

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As the editor of ILW.COM and others have pointed out, if a PERM case is bogged down, lost in the system, taking an inordinate amount of time to be decided, a mandamus action is possible. The authors of this point of view urge that the basic PERM process is defective, because the regulations have improperly shifted the burden of production of evidence from DOL to the Employer. They argue that the plain language of the statute requires the Employer to file for an application for labor certification, which must then be approved, unless the DOL can document that there are...

Full post as published by Joel Stewart's Blog on November 30, 2009 (boomark / email).

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