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Joel Stewart on PERM Labor Certification

Joel Stewart's PERM Workshop in San Francisco

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I am very pleased to bring anotherall-day  PERM Workshop to the fore. It's scheduled on Wednesday, June 26, in San Francisco.

ILW PERM workshops are different from all others. The format is an intense day-long worokshop with top nationally known speakers in a friendly environment where attention is given to each person attending.

The workshop is divided into four sessions. During each, faculty and attendees exchange ideas and questions spontaneously, as they arise.

The faculty this year is an all star team, with Ed Litwin, Linda Kim, David Ware, Rohit Turkhud, Kiran Vailale,  Nathan Waxman, Larry Rudnick, and Michael Piston.

I have some cutting edge question to pose to the faculty at the workshop, but decided to reveal one of them in this Blog. I have not seen this issue addressed anywhere. If you have any thoughts, please write me.

The question is, if the CO denies a PERM application because of the availability of a US worker, or because of a failure to contact a US worker, or some other reason based on the fact that the referral was a US worker, how can the government reach that conclusion if there is nothing in the record to confirm that the appliant is a US worker? I am not referring to the situation where the Employer needs to prove that the applicant is not a US worker, because in PERM proceedings, the Employer does not have that burden. The Employer must only document whether a worker is qualified, able, ready and available. If the government feels that a worker was improperly rejected, then the Employer has to prove the reasons for rejection, but it is government has the burden to prove that the rejected worker is a US worker.

Our intensive PERM Workshops began in 2005 and always offer a superior, in-depth experience to spend the whole day immersed in all aspects of PERM. Both the speakers and the attendees will have a stimulating learning experience. The syllabus includes traditional and cutting edge issues.

This year we will include a special focus on IT applications, and I have prepared a list of hot issues for discussion throughout the day.

The line-up of speakers this year includes Edward Litwin and Linda Kim, who will speak in the first session, "The Basics and More." They will cover "How to Prepare a PERM Application" (including changes in the new proposed PERM form); "Business Necessity: Understanding O*Net, SVP, & Job Zones"; "Prevailing Wage and Wage Levels"; "Planning to Avoid Audits, Supervised recruitment and Denials"; "Perm Rule and FAQs"; and "Review of O*Net Occupations for IT Personnel."

The second session features David Ware and Rohit Turkhud, who will present "Recruitment and Advertising: Recent Developments." The topics include "Notice of filing - What must be included?"; "Regular Recruitment andAdvertising"; and "SWA 30 Day Job Order Update": "Professional Recruitment Methods"; "Special Handling for Athletes and University Professors"; "Supervised
Recruitment"; "Requirements for Travel, Roaming Employees and Home Office in IT and other Industries". Kiran Vailale from Adnet will provide commentary on local recruitment issues around the country, such as choice of media and recommendations on how much detail to put in advertisements.

During lunch there will be a general update on the 2013 Legislation including issues affecting PERM and Employment Immigration.

The afternoon starts off with a discussion of "Post Filing Issues: CO Review of Applications". Nathan Waxman and Larry Rudnick will be featured speakers. Topics include "Record File: Which Documents to Preserve in the Record?"; "Audits: How to Interpret DOL's Boiler Plate Instructions"; "Which
Documents must be submitted in Audit Responses"; "Evidentiary Burdens and Alien Ownership and Influence"; "Reconsideration: Government Queue & Harmless Error"; "Which documents may be submitted in Reconsideration?"; and "Special Challenges for IT Workers."

The final session of the day is "Post Denial Remedies" featuring Michael Piston and other panel members who will analyze BALCA, including the "Structure of the ALJ office," "BALCA's Rules of the Court and important Caveats"; "Jurisdictional limits of BALCA and Due Process Considerations"; "Important En Banc Decisions, Remands and Harmless Error"; "Issues of Deference to Agency Decisions by BALCA and the Federal Courts"; "Review of Prevailing Wage Decisions"; "When to File for Review in Federal Court."

Following the PERM Worksho, I will be stationed at Booth No. 417, Adnet Advertising Agency, Inc. during the entire AILA Conference and will be available to follow-up personally with anyone who wants to discuss specific cases or issues. Kiran Vairale will also be at the booth to provide guidance on recruitment procedures and the placement of advertisements per the PERM Rule. 

For further information on the Workshop and Registration, go to the ILW site:

You may contact me personally at  work at the Fakhoury Law Group in Miami. My e-mai address is

Attendees will receive a copy of the new PERM Book III featuring a special IT Section by Rami Fakhoury and Matt Morse, PERM experts at the Fakhoury Law Group.


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