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Immigration Law

: Joel Stewart's Blog

BALCA Puts Kellogg and PERM Back in the News

By Joel Stewart

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In a recent cases, BALCA issued an interesting decision based on a Kelogg analysis. In Agma Systems, LLC, 2009-PER-132, the Employer refused to put the "Magic Language" on the PERM application. The language, "Employer will accept any suitable combination of education, training or experience," is required when the alien is working for the employer and only qualifies because of alternative requirements. The history of the Kellogg quandry rose out of the DOL's displeasure with overly-broad or inappropriate alternative requirements that seemed tailored to the alien. In PERM, which seeks to streamline the application process and reduce it to its lowest,...

Full post as published by Joel Stewart's Blog on November 02, 2009 (boomark / email).

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