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Immigration Law

: Joel Stewart's Blog

BALCA Holds PERM Remands Permissible

By Joel Stewart

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The controversy on PERM remands has gone full circle. In the first PERM case, Healthamerica, 2006-PER-1, 2006, the Board of Alien Labor Certification Appeals held that the PERM Rule does not permit remands. The reasons given were that there was nothing in the regulations to permit Remands and in the Preamble to the PERM Rule DOL had stated that there was no need for remands. In Healthamerica the Board needed to remand, because the error made by the employer was nothing more than a typographical mistake in the date for the second ad placed by the Employer. The Employer had...

Full post as published by Joel Stewart's Blog on September 28, 2009 (boomark / email).

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