Immigration Law

Recent Posts

Labor Certification: Mustn’t the US Job Applicant Be Able to Perform the Job Even If Qualified on Paper?
Posted on 7 Nov 2018 by Daniel M. Kowalski

Cyrus Mehta & Sophia Genovese, Nov. 6, 2018 - "PERM labor certification operates outside of the realm of typical real world recruitment efforts. Whereas employers in the real world normally look to hire the most qualified applicant, PERM requires... Read More

Is Your PERM Job Order 'A Cut Above?'
Posted on 3 Apr 2012 by Daniel M. Kowalski

"BALCA (Board of Alien Labor Certification Appeals) decisions are very important for practitioners as they offer crucial insights into how to avoid some of the pitfalls in preparing and filing a labor certification application under Program... Read More

Tags: perm , mehta , job order

How Rigid is PERM? Or, Can Typos be Fixed? - Anand G. Sinha
Posted on 30 Aug 2016 by Daniel M. Kowalski

Anand G. Sinha, Aug. 29, 2016 - " In a recent decision, Matter of Cisco Systems, Inc. 2012-PER-01179 (June 9, 2016), the Board of Alien Labor Certification Appeals (BALCA) reaffirmed its hardline stance that modifications cannot be made to filed... Read More

Tags: sinha , perm , mehta , typos

7 Points To Remember Regarding Resume Review In The PERM Process - Cora-Ann Pestaina
Posted on 24 Apr 2017 by Daniel M. Kowalski

Cora-Ann Pestaina, Apr. 24, 2017 - "The employer’s review of resumes received from applicants continues to be one of the trickiest issues in the PERM labor certification process. The process might seem straightforward enough because, after... Read More

Tags: Resume , perm , mehta , pestaina

Do We Still Need PERM? - The Merits-Based Points System in BSEOIMA
Posted on 13 May 2013 by Daniel M. Kowalski

"We continue to analyze the provisions of the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, s. 744 (BSEOIMA), which seeks to bring about dramatic changes to the existing immigration system in the United States.... Read More

Tags: perm , endelman , mehta , bseoima

Cyrus D. Mehta on PERM, Laid-Off U.S. Workers
Posted on 1 Mar 2014 by Daniel M. Kowalski

" The Department of Labor's Employment and Training Administration has added a new question and answer (Q&A) to its frequently asked questions (FAQ). The new Q&A concerns notification and consideration of laid-off U.S. workers for PERM... Read More

Tags: perm , mehta , DOL , laid-off , faq

Five Years Later, A PERM Victory at BALCA: Matter of Marlabs, Inc.
Posted on 22 Nov 2017 by Daniel M. Kowalski

Matter of Marlabs, Inc., Nov. 9, 2017 - "On May 17, 2012, Employer filed an Application for Permanent Employment Certification (“Form 9089”) sponsoring the Alien for permanent employment in the United States in Piscataway, New Jersey... Read More