Immigration Law

Attorney's Role: Lawyer or Scribe?

Posted on December 11, 2007
The issue of attorney fees (by now everyone knows that aliens cannot pay their employers' attorney fees for PERM) is a source of great confusion, because the role of the attorney has been turned upside down by the PERM Rule. Prior to the PERM rule, applications for labor certification required the signature of the employer and the alien...

Project "Perm Audits 2007"

Posted on December 03, 2007
In case you haven't been on this planet lately, Project Perm Audits 2007 has arrived. The blitz began with the recent closings of the Baclog Centers, apparently due to the availability of extra work force to review PERM applications. In 2005, DOL introduced a new standard of "Zero Tolerance" electronic review which lived up to the name PERM -- "Program Electronic Review Management"...

Whatever Happaned to Rak and Rak?

Posted on November 26, 2007
A colleague contacted me recently to inquire about a BALCA case that he was trying to find. The name of the case is Rak & Rak, Inc. There is a reference to it in another case, and the citation given is Rak and Rak, Inc., 1994-INA-269 (Jul. 26, 1995). My colleague insisted that the decision deals with the requirement of a high grade point average in a Labor Certification Caser...

How Not to Miss Audit & Appeal Deadlines!

Posted on November 12, 2007
I had the pleasure to speak recently with Nathan Waxman, a labor cert aficionado, who called my attention to some deficiencies in the PERM regulation regarding deadlines for responding to DOL findings. Nathan is a regular at Labor Cert seminars, conferences and workshops, and will also be a speaker at our November 30 workshop in NYC...

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PERM Workshop in NYC on November 30, 2007

Posted on November 05, 2007
I'll be looking forward to the PERM Workshop in NYC on November 30th. It will be held at the Radisson Martinique On Broadway, 49 West 32nd Street. Included, as always, We've been holding them around the country to meet with practitioners from different regions...

Filing a New Case After Denial

Posted on November 05, 2007
I think that everyone knows how the basics work. Under the pre-PERM rules, you have to wait six months to file a new case after receiving a denial. Under the PERM rule, you can refile immediately? But what if you have a denial under the old rule, and you want to refile immediately under the PERM rule? Do you have to wait six months? The answer is that you can refile under the new rule immediately, notwithstanding the fact that the old rule is still in existence...

More About "Or Equivalency"

Posted on October 27, 2007
Please review the first posting on the same topic "or equivalency" before reading this posting. I wrote that for many years, practitioners have placed the words "or equiv" as an educational requirement in Labor Certifications, and that this brought about different reactions in DOL's State and Federal Offices due to the fact that the SWA?s and Regional offices followed a policy of acting independently and not following the policy of the Central Office of DOL...

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