Immigration Law

Recent Posts

DOL Claims $7.2M Investment Will Improve PERM
Posted on 24 Aug 2022 by Daniel M. Kowalski

DOL, Aug. 24, 2022 - OFLC Announces the awarding of an investment from the Technology Modernization Fund to develop a new Permanent Labor Certification Program "To keep the public informed regarding the development and modernization of the Department... Read More

Tags: perm , DOL , oflc

The Facebook Settlement Only Adds Contradictions
Posted on 1 Nov 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Nov. 1, 2021 "On October 19, 2021, the U.S. DOJ and DOL announced that they had reached separate settlement agreements with Facebook regarding the company’s purportedly discriminatory PERM labor certification... Read More

Tags: perm , Facebook , DOL , DOJ

Facebook Pays $14.25M to Settle PERM Beef
Posted on 19 Oct 2021 by Daniel M. Kowalski

DOJ, Oct. 19, 2021 "The U.S. Department of Justice and the U.S. Department of Labor today announced separate settlement agreements with Facebook regarding its use of the permanent labor certification program (PERM). The Justice Department’s... Read More

Tags: perm , Facebook , DOL , oflc , DOJ

No Longer in Use: How Changes in SOC Systems Affect Employment-based Immigration
Posted on 19 Jul 2021 by Daniel M. Kowalski

Cyrus D. Mehta and Isabel Rajabzadeh, July 19, 2021 "The Standard Occupation Classification (SOC) is a federal statistical standard used by federal agencies to classify workers into occupational categories. The Office of Management and Budget ... Read More

Tags: perm

DOL Final Rule Ignores Comments, Hikes PERM, H-1B, H-1B1 and E-3 Wages
Posted on 12 Jan 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 - "In this final rule, the Department of Labor (the Department or DOL) adopts with changes an Interim Final Rule (IFR) that amended Employment and Training Administration (ETA) regulations... Read More

DOJ (IER) Files OCAHO Complaint Against Facebook
Posted on 3 Dec 2020 by Daniel M. Kowalski

DOJ, Dec. 3, 2020 Here is the press release, and here is the complaint. Yes, it's a complaint, not a lawsuit. Lawsuits are filed in courts. This is a complaint filed with the OCAHO, an administrative tribunal. PERM experts and H-1B experts, weigh... Read More

Tags: perm , Facebook , ocaho , H-1B

PERM News (June 16, 2020)
Posted on 16 Jun 2020 by Daniel M. Kowalski

OFLC, June 16, 2020 " OFLC Announces Extension of Issuance of Electronic PERM Labor Certifications Through September 30, 2020. On March 25, 2020, the Office of Foreign Labor Certification (OFLC) informed stakeholders that the Atlanta National... Read More

Tags: 9089 , perm , DOL , oflc

BALCA on 'Mailbox Rule' - Matter of Lenora Systems
Posted on 16 Apr 2020 by Daniel M. Kowalski

Matter of Lenora Systems "These cases involve application of the “Mailbox Rule” and just when an email is deemed to have been received. ... In denying the Applications based on the Employer’s failure to respond to the audit notification... Read More

Keeping Up with OFLC: New PERM FAQ, FLAG and More
Posted on 16 May 2019 by Daniel M. Kowalski

OFLC, May 13-16, 2019 "May 16 - As part of the Office of Foreign Labor Certification’s (OFLC) ongoing efforts to increase public outreach and technical assistance to the stakeholder community, OFLC is making available a series of presentations... Read More

Tags: perm , oflc

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

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

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

BALCA EN BANC ON WHETHER THE ADDITIONAL RECRUITMENT STEPS FOR PROFESSIONAL OCCUPATIONS MUST COMPLY WITH 656.17(f)
Posted on 13 Aug 2014 by Daniel M. Kowalski

"For PERM practitioners, what is the practical take away lesson from Symantec? Does the fact that 656.17(f) does not apply to the additional forms of recruitment mean that these additional forms of recruitment can indeed contain job requirements... Read More

A New Immigration Recipe: Specialty Chefs Need a Dream Act Too!
Posted on 14 Jan 2013 by Daniel M. Kowalski

Angelo A. Paparelli, Jan. 13, 2013 - "Blogger’s note: Today’s guest blog is by my friend and scholarly colleague, Nathan Waxman . Nathan revisits an issue he first considered eight years ago in this space when he bemoaned the increasingly... Read More

Has Immigration Fraud Really Gone Viral in the DOL PERM program?
Posted on 24 Nov 2011 by Daniel M. Kowalski

"The requirement to secure a DOL labor certification as a prerequisite to an employment-based green card was established by Congress to protect U.S. workers. Yet, ironically, the Department charged with the duty to protect U.S. workers and... Read More

Tags: perm , DOL , Fraud