Immigration resource news magazine for United states of america» PERM

Washington Examiner Does Not Meet the Mandatory Print Ads Requirement for PERM Recruitment Process

Tiyalaw — Thu, 02 Aug 2012 12:10:43 +0000

Washington Examiner Does Not Meet the Mandatory Print Ads Requirement for PERM Recruitment Process

In the Matter of Intercontinental Enterprises, 7/30/12, BALCA found that the Washington Examiner was not the newspaper of general circulation “most appropriate to the occupation and the workers likely to apply for the job opportunity” and does not meet the basic PERM recruitment process of, among other things, two mandatory print ads for a professional occupation.

BALCA stands for Board of Alien Labor Certification Appeals and is part of the U.S. Department of Labor (DOL). PERM is DOL labor certification program and stands for Program Electronic Review Management. PERM is one of the initial stages of the employment-based green card process based on employer sponsorship.

August 1 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver and PERM, and work visas such as H-1B, L and E.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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New PERM Labor Certification Update: Supervised Recruitment

Tiyalaw — Tue, 29 May 2012 13:54:51 +0000

New PERM Labor Certification Update: Supervised Recruitment

In the recent months, the U.S. Department of Labor (DOL) has indicated it will expand its use of DOL-supervised recruitment in the PERM permanent labor certification program as a PERM system “integrity” measure. PERM is DOL labor certification program and stands for Program Electronic Review Management.

DOL-supervised recruitment is different and separate from PERM audits. There are two types of supervised recruitment: (a) directed supervised recruitment, and (b) converted supervised recruitment.

Under directed supervised recruitment, no recruitment is done prior to filing the PERM application and will be done per DOL instructions after PERM filing with the DOL.

Converted supervised recruitment, an increased in frequency, is initiated when a

“Notification of Supervised Recruitment” is sent by the DOL.

May 29, 2012: By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

This article is intended for informational purposes only; and should not be relied on as legal or any advice, or attorney-client relationship.

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Familiar Relationship Between Foreign National and Employer for PERM Permanent Labor/Employment Certification (BALCA)

Tiyalaw — Mon, 21 May 2012 20:57:55 +0000

Familiar Relationship Between Foreign National and Employer for PERM Permanent Labor/Employment Certification (BALCA)

On May 7, 2012, BALCA discusses In the Matter of MMB STUCCO, LLC, a PERM case, where there is a “closely held corporation or partnership in which the alien has an ownership interest, or familial relationship”, the totality of the circumstances (as opposed to single factor) must be considered in determining whether or not a bona fide job opportunity exists. BALCA stands for Board of Alien Labor Certification Appeals and is part of the U.S. Department of Labor (DOL). PERM is DOL labor certification program and stands for Program Electronic Review Management.

The totality of the circumstances for consideration, among other factors, include whether the alien:

Is in the position to control or influence hiring decisions regarding the job for which labor certification is sought;
Is related to the corporate directors, officers, or employees;
Was an incorporator or founder of the company;
Has an ownership interest in the company;
Is involved in the management of the company;
Is on the board of directors,
Is one of a small number of employees;
Has qualifications for the job that are identical to specialized or unusual job duties and requirements stated in the application; and
Is so inseparable from the sponsoring employer because of his or her pervasive presence and personal attributes that the employer would be unlikely to continue in operation without the alien.

In The Matter of Stucco, the alien was the brother of the owner of the sponsoring employer, but had no ownership interest in the company. For reasons stated in the decision, BALCA ordered that the denial of labor certification be reversed and directed the DOL Certifying Officer to grant this PERM permanent labor/employment certification.

May 21, 2012: By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

We represent companies, employers, individuals and families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

This article is intended for informational purposes only; and should not be relied on as a legal or any advice, or an attorney-client relationship.

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Recent Reports on Lost of Expiring Original Certified PERM form ETA 9089 for Permanent Labor Certification

Tiyalaw — Sun, 15 May 2011 21:58:16 +0000

Recent Reports on Lost of Expiring Original Certified PERM form ETA 9089 for Permanent Labor Certification

Recently, there have been reports that original certified forms ETA 9089 for permanent labor certification PERM process were not received. There was also an incident where the original certified form ETA 9089 was lost after being filed with the I-140 Immigrant Petition. Lost of original certified forms ETA 9089 unnecessarily complicates and increases green card processing time for foreign nationals and their employers. For more information on the PERM process, please read the last paragraphs below.

In a situation where the original certified form ETA 9089 is unavailable, the employer-sponsors may be unaware that their forms ETA 9089 have been certified, thereby missing the crucial filing periods for their I-140 Immigrant Petitions. The applicable I-140 petition must be filed during the validity period stipulated on the certified form ETA 9089. The original certified form ETA 9089 is submitted with the I-140 petition to the U.S. Citizenship and Immigration Services (USCIS). It is also possible that the original certified form ETA 9089 is lost during the filing process of the I-140 petition after being sent off by the employer-sponsor.

Due to recent reports on missing original certified forms ETA 9089, the following steps are encouraged:

For PERM application filed electronically, please check the online case status to verify whether it has changed from “in process” to “certified.” A pdf copy of the certified ETA 9089 can also be downloaded from the PERM website.
For PERM application filed by mail, please check the status of the case by e-mailing the U.S. Department of Labor (DOL) Atlanta NPC (National Processing Center) if the case is pending at least 3 months beyond the current processing date.
Also check the iCERT portal’s latest PERM processing time at http://icert.doleta.gov/ . If the pending PERM case is more than 3 months beyond the date being processed, send an inquiry to the applicable DOL PERM center.
If original PERM approval was never received, one can submit the I-140 petition with a copy of the approval (or with other proof that it was certified, such as an e-mail from the Atlanta NPC), and ask USCIS to request a duplicate certification from DOL. Also, if the certified ETA 9089 is lost during I-140 petition processing after filing, it may be best to ask U.S. Citizenship and Immigration Services (USCIS) to request a duplicate certification from DOL by including a copy of the approval; and other proof that it was certified, such as an e-mail from the DOL.

Foreign nationals may apply for green card to live and work in the United States via several methods. The common methods of green card applications are green card lottery, employer sponsorship such as through PERM, self-petition green cards such as extraordinary ability or certain national interest waiver category, etc.

PERM is a process of permanent labor certification by the U.S. Department of Labor (DOL). PERM filing with the DOL is submitted via form ETA 9089. Some green card sponsorships by employers require the PERM process and some do not. PERM stands for Program Electronic Review Management System. PERM is a process whereby the U.S. Department of Labor determines that:

a) The employer-sponsor has adequately tested the U.S. labor market to ascertain that there are no qualified, willing, able and available U.S. workers for the green card position;

b) The job requirements of the employer-sponsor are not unduly restrictive;

c) The offered green card salary meets the DOL prevailing wage criteria;

d) The employment of the foreign national will not adversely affect the wages and conditions of U.S. workers who are similarly employed; and

e) The foreign national meet the job requirements for the green card position in compliance with the criteria promulgated by immigration law.

Once the U.S. Department of Labor approves the PERM application by certifying the form ETA 9089, the employer sponsor may then submit the I-140 Immigrant Petition during the validity of the certified PERM form ETA 9089. Depending on the criteria, the foreign national may also submit his/her I-485 Application to Adjust to Permanent Resident Status with the I-140 petition. During the I-485 stage, the foreign national can also file for the I-765, Application for Employment Authorization Document (EAD card); and I-131, Advance Parole Document (an international travel authorization).

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224; koka@tiyalaw.com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.