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Gluckman v. DOL PERM FOIA Documents

Jonathan L. Moore writes: "I wanted to follow up with you on this PERM FOIA litigation (prior post here ). As a reminder, I represent the plaintiff, David Gluckman, in the case. The Department of Labor has produced responsive documents , and David and I would now like to begin to disseminate those...

Form 9089 Focus Group - Drafting Tool, Degree Equivalency Tips

A Tool for Drafting Form 9089, including degree equivalency drafting tips for EB2 & EB3 The editors of IMMIGRATION LAW AND PROCEDURE, the premier immigration law treatise cited by U.S. federal courts, announce the formation of a Focus Group to review and beta test a new tool that can be used to...

Listing the Foreign National's Qualifications on the PERM Form

"While we await the DOL’s forthcoming FAQ, it is important to make every attempt to alert the CO that the foreign national possesses the qualification required for the offered position. If the offered position requires experience in specific technologies then these technologies need to be...

Two New DOL PERM FAQs - July 28, 2014

" Two new Frequently Asked Questions (FAQ) have been posted for the PERM Program. The first new FAQ addresses when an employer should mark "yes" when responding to the Question C.9 on the ETA Form 9089: "is there a familial relationship between the foreign worker and the owners, stockholders...

BALCA EN BANC ON WHETHER THE ADDITIONAL RECRUITMENT STEPS FOR PROFESSIONAL OCCUPATIONS MUST COMPLY WITH 656.17(f)

"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 or duties which exceed the job requirements or duties...

PERM BALCA Procedure Change on Oct. 27, 2014

"As of October 27, 2014, the Atlanta National Processing Center has changed its process and will no longer automatically forward to BALCA all PERM case Requests for Reconsideration where the original case decision was upheld. Rather, a Notice of Decision will be issued when the case is upheld, and...

More Documents from PERM FOIA Litigation (Gluckman v. DOL)

Jonathan Moore writes: "David Gluckman and I wanted to pass along two additional documents that were produced in the Gluckman v. DOL PERM FOIA litigation (prior posts here and here ). Specifically, these two documents are directives from November 2009 from William Carlson, Administrator of the Office...

DOL to Pursue Modernized Recruitment and Application Requirements for PERM: Fact Sheet

"This year marks the 10th anniversary of the PERM regulations, which govern the labor certification process for the permanent employment of immigrant foreign workers and establish responsibilities of employers who wish to employ these workers permanently in the United States. Before the Department...

DOL PERM Listening Session, Jan. 22, 2015

"On Thursday, January 22nd, 2015 from 4:30pm until 5:30pm EST , the Department of Labor (Department) will host a stakeholder listening session regarding the Permanent Labor Certification Program (PERM) via conference call. The session will be led by the Department's Deputy Chief of Staff, Seema...

BALCA Says Economic Benefits Should Be Listed in PERM Recruitment - Cora-Ann V. Pestaina

"PERM is an exacting process. We’ve read those words over and over in various Board of Alien Labor Certification Appeals (BALCA) decisions. The Department of Labor (DOL) Certifying Officers (CO) and BALCA continually use those words to justify the most heartless denials; callously brushing...

BALCA Grants Labor Cert...Five Years Later - Matter of Computer Sciences Corp.

"On February 4, 2010, the Employer filed an Application for Permanent Employment Certification (ETA Form 9089) for a Program Office Senior Manager position. ... In the instant case, the CO denied certification based on the Employer’s inclusion of the language, “Willingness to travel;...

DOL 'Programming Glitch' Triggers PERM SNAFU

DOL ETA OFLC Sept. 14, 2015 - Submission of some PERM Applications "On Tuesday, September 1, 2015, the Department implemented software updates to the Permanent Labor Certification Case Management System (CMS). An unexpected programming glitch occurred which impacted a small number of applications...

BALCA on PERM Formatting Deficiencies: Matter of DNP America

Matter of DNP America, BALCA, Oct. 6, 2015 - "Employer correctly answered the question in Section H6 because it was not requiring experience in the job offered. Instead, Employer accurately listed the primary experiential requirement in Section H10, H10-A, and H10-B as two years in a similar accounting...

BALCA on PERM Sec. K Remands - Pioneers Memorial Healthcare

Pioneers Memorial Healthcare, Dec. 23, 2015 - "In August 2015, the Employer filed two motions requesting that the Board reopen and remand the appeal. The Employer explained that after its appeal was withdrawn the Department of Labor changed its position on cases involving Section K and non-experience...

BALCA Reverses Labor Cert. Denials By Upholding Real World Job Advertisements - Cora-Ann V. Pestaina

Cora-Ann V. Pestaina, Feb. 22, 2016 - "[A]n employer’s use of terms like “Competitive,” “Depends on Experience” (DOE), “Negotiable,” “Will Discuss With Applicant,” etc. does not take away from the employer’s advertisement of the occupation...

BALCA on PERM Web Ads: Matter of VLS IT Consulting

Matter of VLS IT Consulting, Inc., Apr. 26, 2016 - "In this case, the Employer’s website advertisement failed to specify the job’s location. When reviewing a similar advertisement, a previous panel determined that, “[a]lthough a statement of the location of the employment might...

BALCA on PERM, Travel, Relocation: Matter of Infosys, Ltd. (May 12, 2016)

Matter of Infosys, Ltd. - "This case presents essentially two questions. 1) Did the CO correctly determine that the possibility that workers might be required to relocate was not subsumed in the Employer‘s description of the work locations as ―various unanticipated locations through the U...

AILA Has 'Serious Concerns' About DOL Proposed Changes to OES Survey

AILA letter to DOL, June 13, 2016 - "The American Immigration Lawyers Association (AILA) submits the following comments in response to the Department of Labor’s “Proposed changes to occupation, industry, and area detail in the OES survey,” published on the Bureau of Labor Statistics...

FY 2015 Q4 PERM Disclosure Data Files Posted - July 29, 2016

DOL, July 29, 2016 - "The Office of Foreign Labor Certification has posted updated PERM Program disclosure data files for Quarter 4 of FY 2015. Click here to access the disclosure files and corresponding record layouts."

BALCA Reaffirms Use of Wage Range: Matter of Institute for Environmental Health

Matter of Institute for Environmental Health, Aug. 12, 2016 - "The Employer argues that the preamble to the PERM regulations permits an employer to state a wage range on the NOF. We agree. ... We find that the Employer’s NOF sufficiently apprised U.S. workers of the available job opportunity...

How Rigid is PERM? Or, Can Typos be Fixed? - Anand G. Sinha

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 labor certification applications under Program Electronic...

OFLC Posts PERM FAQ Round 13 (Oct. 7, 2016)

DOL, Oct. 7, 2016 - " The Department of Labor has published a Frequently Asked Question (FAQ) Round 13 related to preparing the required recruitment report for employers seeking labor certification under the PERM Program along with two "best practice" sample recruitment reports. The Round...

Electronic Notification of PERM Letters

DOL, Nov. 1, 2016 - "The Atlanta National Processing Center (ANPC) will begin issuing PERM notification letters via e-mail beginning December 1, 2016. Electronic notification e-mails will ensure PERM stakeholders receive ETA Form 9089 application determination notifications in a timely, cost effective...

BALCA on PERM, Special Skills - Matter of Smartzip Analytics

Matter of Smartzip Analytics, Nov. 9, 2016 - "We recognize that the issue in this case differs from the issue in Apple; however, much of the panel‟s reasoning applies to the facts in this case. Here, the CO found that because the Employer did not indicate a duration requirement for the special skills...

BALCA on PWD, PERM: Matter of Lee Johnson Capital Mgmt., LLC

Matter of Lee Johnson Capital Mgmt., LLC, Dec. 21, 2016 - "We find that the Employer‟s duties for the position of Senior Quantitative Analyst are most similar to the tasks provided in SOC code 13-2099.01, Financial Quantitative Analysts. The supervisory duties associated with the role are far narrower...