PERM
When Can a Petitioner Reject a U.S. Worker Due to Training Infeasibility?
In the context of employment-based immigration petitions, U.S. employers must demonstrate a thorough and genuine effort to hire U.S. workers before seeking foreign talent. This process is governed by the Program Electronic Review Management (PERM), a labor certification process managed by the Department of Labor (DOL). PERM ensures that hiring a foreign worker does not…
Read MoreHow to Schedule an Emergency Advance Parole
Navigating the intricacies of U.S. immigration laws and regulations can be daunting, especially when it comes to traveling outside of the United States for those who are not yet U.S. citizens but are in the process of adjusting their status. One key tool in this process is the Advance Parole document, which allows individuals who…
Read MoreGood Faith PERM Recruitment: Insights from Apple & Facebook Settlement
In the ever-evolving landscape of employment law and immigration compliance, recent settlements between major corporations and the Department of Justice (DOJ) have cast a spotlight on the critical importance of good faith efforts in recruitment, especially within the context of the Permanent Labor Certification Program (PERM). The landmark agreements with Apple Inc. and a prior…
Read MoreWhat Should You Do If Your I-485 Application Is Denied?
Discovering that your I-485 application, also known as the Application to Register Permanent Residence or Adjust Status, has been denied can be a disheartening experience. However, it’s crucial to remember that a denial is not the end of the road. There are multiple steps you can take to address the situation. Here, we explore the…
Read MorePERM: Understanding the Basics of Recruitment
The Program Electronic Review Management (PERM), also known as Labor Certification process, is an essential step for the employer looking to hire a foreign worker on a permanent basis. It is a first step of a three-step process and is filed with the Department of Labor (DOL). This article explains the basic principles of PERM…
Read More“On the Job” Experience for PERM
Embarking on the journey toward sponsoring a foreign national for permanent residency in the United States through employment is a multifaceted process, starting with the Labor Certification or PERM (Program Electronic Review Management). This initial step is crucial for employers aiming to prove to the Department of Labor (DOL) that there are no able, willing,…
Read MoreDOL to soon Begin Accepting PERM Applications in FLAG System
Immigration can be a complex and often frustrating process for many individuals seeking to work or reside in the United States. The Office of Foreign Labor Certification (OFLC), a division of Employment & Training Administration within the Department of Labor (DOL), plays a crucial role in this process, as it is responsible for ensuring that…
Read MoreLayoff of U.S. Workers in the PERM Context
Layoffs of U.S. workers can have big effects on employers in the context of the PERM (Program Electronic Review Management) process for getting permanent labor certification. The rules say that if an employer has fired U.S. workers in the same or a similar job in the area of intended employment within the last six months…
Read MoreChange in Authorized PERM Signatory at Audit
The Board of Alien Labor Certification Appeals (BALCA) recently reversed a Permanent Employment Certification (PERM) denial involving a change in the PERM application’s signatory at the time of an audit. The facts and legal issues of the case are summarized below based on public records. Please note that Sharma Law Offices, LLC did not represent…
Read MoreModernizing PERM on DOL’s Agenda
In November 2014, the White House released a Presidential Memorandum directing agency heads to make recommendations for improving the U.S. immigration system. In tandem with the release of President Obama’s November 21, 2014 Memorandum, Department of Homeland Security Secretary Jeh Johnson also issued a Memorandum dated November 20, 2014, instructing the U.S. Citizenship and Immigration…
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