Joel Stewart on PERM Labor Certification
, 07-17-2013 at 11:58 AM (7251 Views)
On June 26 we had our best PERM Workshop ever in San Francisco. The attendees and speakers included outstanding immigration attorneys, HR Managers and Recruitment Specialists.
The speakers grappled with difficult concepts such as Travel Requirements, Unanticipated Work Locations, Relocation, Stacked and Special SVP Requirements, Equivalencies and Relevance in Alternate Requirements, Wage Ranges, Supervised Recruitment, Audits, Requests for Reconsideration, Appeal to BALCA, problems with selection of Recruitment media, 30 day job orders at State Workforce Agencies and Review of Resumes.
Linda Kim, from the Fakhoury Law Group in Alameda, California, spoke about the new Form 9041 for prevailing wage requests which requires more detailed information about travel requirements for IT workers.
Edward Litwin of San Francisco, California, spoke on the importance up front planning for the entire residency process, including PERM, I-140 Petition and Adjustment of Status, as one, integral application.
David Ware of Vancouver, Canada, and Metairie, Louisiana, and Rohit Turkhud, of Fakhoury Law Group in New York City, spoke on Minimum Requirements, Recruitment for Professionals or Non-professionals, and Notices of Filing. Kiran Vailale of Adnet Advertising Agency, Inc., presented a review of advertising trends and recruitment problems at SWAs around the country.
Larry Rudnick of Philadelphia, Pennsylvania, discussed post-filing issues such as audits and supervised recruitment. Nathan Waxman of New York City offered his opinion on alternate, non-traditional procedures available under the PERM Rule, including Special Application Handling and Exceptional aliens, and also discussed National Interest Waivers.
Michael Piston of Michigan and New York City, gave his views on Post Denial Options, in a special presentation called "Fight or Flight." Michael explained the current judicial trend toward literalism in the federal courts and at BALCA, i.e., the doctrine of literal interpretation of the regulations.
The speakers all received very high ratings, and the attendees were able to interact with the speakers during the day-long workshop. The take-home lesson from the wokshop was offered by Ed Litwin, who coined the now-famous phrase, "The PERM Rule: Never Leave Home Without It." I concur. It's all about black letter law – the PERM Rule -- with all its inconsistencies, anomalies, and surprises waiting to be discovered.
Many of the feedback reports from attendees recommended an expansion of future PERM workshops to include special topics, additional days, and separation of entry level and advanced levels. The most experienced practitioners in attendance agreed that a review of the basics is always helpful, while advanced workshops provide cutting edge insights into PERM processing. Our new PERM Book III, published by ILW, contains everything to cover PERM from start to finish, no matter what level of experience.
The speakers welcome inquiries by e-mail with questions, comments, observations, and inquiries regarding PERM. Please send them along to any of the speakers, or to me personally, at firstname.lastname@example.org.
For those of you who don’t know, I live and work in Miami, Florida, as a PERM consultant, and am of counsel to the Fakhoury Law Group, a global employment immigration firm in Troy, Michigan, Alameda, California, and New York City.
Like Ed Litwin and the others, I never leave home without PERM. And I look forward to hearing from you.