24 July 2015

BALCA Applies Symantec, Grants Labor Certification!

Last year, BALCA released an en banc decision in Symantec Corp, 2011-PER-01856 (July 30, 2014), finding that advertisements placed to comply with the PERM additional recruitment steps did not need to comply with the content requirements found for mandatory advertisements (newspaper advertisement). For background information, please visit my previous blog post: BALCA is Fair, Who Knew?! 

In a recent decision, Matter of Computer Sciences Corp., 2012-PER-00642 (July 09, 2015), BALCA applied Symantec Corp. to reverse the Certifying Officer’s denial of the PERM application. In this case, the Employer received an audit notification to which it responded with all required documentation. Continue reading

6 July 2015

Reconciling Unanticipated Work Locations and Telecommuting with PERM

The PERM process focuses on testing the U.S labor market within the job opportunity’s geographic area of employment to certify that U.S. workers are not displaced by hiring a permanent foreign worker for the job. (Please see the following for an overview of the PERM process: PERM FAQs) An issue that often arises in PERM is trying to get applications certified for positions that do not necessarily fall within the company’s geographic area of intended employment. This can be the case for employers that permit/require telecommuting or require their employees to work at unanticipated locations across the U.S. Continue reading

8 June 2015

BALCA Reverses Denial, Says “Lack of Experience” IS Lawful Reason for Rejecting Applicants

When an employer files a PERM application on behalf of a beneficiary, certain documentation must be maintained, including a document called a Recruitment Report (RR). This RR must contain, among other things, the employer’s lawful reasons for rejecting U.S. workers who applied for the position. If a case is audited after the PERM application is filed, the employer will have to submit this document to the Officer assigned to the case.

With this in mind, I would like to tell you about a case that was recently decided by the Board of Alien Labor Certification Appeals (BALCA) (This Board handles PERM denials). The case is called, Matter of Presto Absorbent Products, Inc, 2012-PER-00775 (5/26/15). Continue reading

28 May 2015

PERM Applications on the Rise, India Continues to Top List of Certified Applications in 2015

The Department of Labor (DOL) issued PERM statistics for the first 6 months of 2015 (October 01, 2014 to March 31, 2015), and it looks like filed PERM applications are on the rise and India continues to top the list of PERM applications certified so far this year!

Review of Applications Certified in 2015 so Far: Continue reading

6 February 2015

PERM Filing from Start to Finish: File in under 70 or 130 days?

Ever wonder why it takes so long just to file a PERM application or if there is a way to reduce the amount of time it takes to file a PERM application? When it comes to PERM, it is important to understand that (1) there is a mandatory recruitment stage that an employer must complete before the PERM filing can actually occur and (2) there are different options an employer has regarding the commencement of the advertisement/recruitment stage of the process.

An employer generally has 2 options when deciding when advertising/recruitment will begin. Both options have proven effective. It usually comes down to the particular circumstances surrounding each individual case and how quickly an application needs to be processed. Each of the options below carries its advantages and disadvantages Continue reading

12 December 2014

Say YES to PERM, Part Deux!

As you all may remember, my very first blog post included an explanation of the benefits of getting the PERM labor certification process started (kick-off to the employment-based green card process) once your employer offers a permanent position to you. Some of the benefits I mentioned are: Continue reading

6 November 2014

India Tops List for Certified PERM Applications in 2014!

Hi All! The Department of Labor (DOL) issued Permanent Labor Certification statistics for Fiscal Year 2014 (FY2014) that I thought I would share with you!

The DOL was quite busy with PERM applications in FY2014!  We also see them getting the job done with about a 6 month turnaround for initial review once the application is filed, which is much better than last year when it was taking about 8 months!

For FY2014 (October 1st, 2013 to September 30, 2014), the DOL received 74,936 Permanent Labor Certification applications, with the 4th quarter showing the highest amount received for FY2014.

Total, in FY2014, 62,633 cases have been certified, 4,349 denied, and 4,016 withdrawn.

Further, about 59,901 applications were pending as of 09/30/2014. The processing status of active PERM applications is as follows: Continue reading

26 August 2014

BALCA is Fair, Who Knew?!

Those employers who have filed a Labor Certification on behalf of a foreign worker understand the tediousness involved in this process. The system is relentless and unforgiving and Certifying Officers (CO) have very broad discretion in the decision-making process. Recently, the Board of Alien Labor Certification Appeals (BALCA) has been issuing very logical and fair decisions, which of course is beneficial to Employers. This can especially be seen in a recent en banc BALCA decision.  Continue reading

13 August 2014

Recapture PLUS 7th Year H-1B Extension? YES, YOU CAN!

Hi ALL! Welcome back!

A question was recently posed to me concerning an H-1B, 7th year extension, but there was a little twist involved:

What if I still have time left before the end of my 6th year on H-1B, can my employer request the 7th year extension in anticipation that the filed Labor Certification will still be pending at that time?

 The answer is YES. Continue reading

28 July 2014

Say YES to PERM

Hi ALL! Welcome to my blog. The first thing I would like to discuss today is the PERM Labor Certification process and the importance of getting it started when the opportunity presents itself.  Continue reading