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Articles Posted in PERM – Labor Certification

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DOL PERM Program and PWD Statistics for FY 2015

It is our pleasure to provide our readers with newly released statistics published by the Department of Labor’s Office of Foreign Labor Certification concerning the processing status of the PERM program and Prevailing Wage Determinations. The PERM graphic provides a breakdown for the review of applications certified during FY 2015…

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Staff Spotlight: Associate Attorney Yingfei Zhou, Esq.

It is our pleasure to introduce our readers to Associate Attorney Yingfei Zhou, Esq who joined our firm in 2012. Attorney Zhou is an active member of the California State Bar, the New York State Bar, and the American Immigration Lawyers Association (AILA). Ms. Zhou practices primarily on employment-based and investment-based…

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AILA: Open Forum Updates

Presently, attorneys Jacob Sapochnick, Esq., Ekaterina Powell, Esq., and Yingfei Zhou, Esq. from our office are in attendance at the 2015 American Immigration Lawyers Association (AILA) Conference on Immigration Law taking place in Washington, DC. Together, they have had the privilege of being present for an open forum where officials…

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PERM Process: Demonstrating Qualifications and Business Necessity for an Employed based Green Card

The American Immigration Lawyers Association (AILA) recently released a report helping foreign workers and their employers answer the following question: Where on the ETA Form 9089 should the employer enter the foreign worker’s qualifications which show that the foreign worker does in fact meet the minimum requirements to perform the…

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PERM Labor Certification: What are lawful reason to reject US Workers? (Smokers Not Welcome Here)

As part of the process of filing for a Green Card, a US Employer must obtain a Labor Certification from the Labor Department. The purpose is to demonstrate among other points, that no US Workers were available to fill the job in question. But what are some of the lawful…

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PERM Labor Certification: Indicating Alternate Degree/Experience Requirements on Form ETA 9089

Great tip from AILA about how alternate degree and experience requirements are stated on the ETA 9089 and how those requirements are interpreted in adjudicating I-140 EB-3 skilled worker petitions. Recently we have seen too many Requests for Evidence concerning this issue. The situation arises most commonly where the stated…

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PERM Labor Certification Complicated Audit issues: Whether or not qualified workers applied for the position?

PERM Audits have become more routine in recent years, our blog readers were sending questions about various aspects of that process. An audit, is the process by which certain PERM applicants are required to submit proof of their recruitment activities. A Certifying Officer can request an audit of any permanent…

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PERM Lacor Certification – Processing Statistics For FY2012

The Labor Department released statistics from DOL’s Office of Foreign Labor Certification for year-to-date FY2012, including total number of applications received, total number of applications processed, PERM processing priority dates, and breakdown of active PERM cases at the DOL. Interesting to see almost 1000 cases were denied that year, but…

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PERM – How to obtain a Green Card through Employment?

PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment. To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a…

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