How 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…

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Good 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…

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What 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…

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PERM: 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…

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“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,…

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DOL 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…

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Layoff 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…

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Change 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…

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Modernizing 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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Department of Labor Stakeholder Meeting: PERM Updates

On December 12, 2013, Department of Labor Office of Foreign Labor Certification (OFLC) held a stakeholder meeting in which stakeholders from American Immigration Lawyers Association (AILA), National Association of Foreign Student Advisors (NAFSA), Council for Global Immigration (CGI), and American Bar Association (ABA) were present.  This is an overview of some of the issues discussed…

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