Immigration Law

Recent Posts

How Binding Are DOL FAQs? - Cora-Ann Pestaina
Posted on 24 Aug 2017 by Daniel M. Kowalski

Cora-Ann Pestaina, Aug. 22, 2017 - "As PERM practitioners, we are all familiar with Department of Labor’s (DOL) Frequently Asked Questions (FAQs). Going as far back as 2005, the year of the inception of the PERM program, there have been various... Read More

Tags: perm , pestaina , DOL , oflc , faq

Why Was My PERM Selected For Audit?
Posted on 12 Feb 2014 by Daniel M. Kowalski

"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... Read More

Tags: plan , perm , audit , pestaina , DOL , oflc

Applicant Review in the PERM Process
Posted on 23 Dec 2012 by Daniel M. Kowalski

"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... Read More

Tags: perm , pestaina , DOL

How a Single Complaint Can Lead to an H-1B Investigation - Cora-Ann V. Pestaina
Posted on 31 Dec 2015 by Daniel M. Kowalski

Cora-Ann V. Pestaina, Dec. 31, 2015 - " A recent U.S. Court of Appeals decision in Greater Missouri Medical Pro-Care Providers, Inc. ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), is worth noting as it addressed the issue of how much latitude... Read More