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Joel Stewart on PERM Labor Certification

Magic Language Reminder

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Just when we thought we had written enough on the subject, I had two more calls from lawyers who ran afoul of this problem. I sympathize with them, because although much has been written on a broad, theoretical level about the Kellogg Trilogy which is the origin of the rule, under PERM the Magic Language is required only under certain, limited circumstances. If the conditions are not recognized, the application will be denied, because we failed to insert the Magic Language. The rule is simple: If the alien is (1) working for the employer and (2) qualifies for the minimum requirements by virtue of alternate experience requirements, the Magic Language must be inserted in H-14.

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