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Bloggings: November 7, 2007

by Joel Stewart

Editor's note: Here are the latest entries from Joel Stewart's blog.

November 05, 2007

PERM Workshop in NYC on November 30, 2007

I'll be looking forward to the PERM Workshop in NYC on November 30th. It will be held at the Radisson Martinique On Broadway, 49 West 32nd Street. Included, as always,

We've been holding them around the country to meet with practitioners from different regions. We have also had participants fly in from other parts of the USA and the USA. The ILW.COM Workshops give a unique opportunity to immerse in a narrow area of law (like PERM) for an entire day. Other workshops are being given at different times and in different locals on Nurses, EB-5 Investors, and other topics. I had the opportunity to be a student at the Investor Workshoip and Nurses Workshop in Orlando and found it an excellent learning opportunity.

The workshops have four sessions, two in the morning, two in the afternoon, and a luncheon speaker inbetween. The sessions are intensive and deal with important, topical issues.

The PERM Workshop focuses on every aspect of PERM. We begin with a discussion of basics -- how to set up a PERM case -- while balancing the O*Net, SVP, Job Zone Levels, prevailing wage requirements and possibilities to file as skilled workers (3rd preference) or as 2nd Preference more advanced workers. We then move on to discuss recruitment procedures: Notice of Filing, advertisements, job bank orders, pros and cons of the 10 professional categories, analysis of US workers, and creating a record file.

In the afternoon, we tackle issues of normal requirements, combination of job duties, foreign language requirements, experience gained on the job, how to avoid an audit, and more. Then we move on to the post-decision stage: motions to reconsider, appeals to BALCA, review of BALCA decisions, and Federal Court litigation.

Along the way we meet colleagues and make new friends, and learn a lot about PERM. We have a line-up of top-notch PERM experts for this event:  Christina LaBrie, Lawrence H. Rudnick, Rohit Turkhud, and Nathan A. Waxman. In addition, ILW.COM always has a surprise luncheon speaker to bring us up-to-date with current matters.

There will be plenty of PERM, and ILW.COM always provides the rest -- a lavish breakfast buffet, coffee breaks, breaks with snacks, and a gourmet lunch.

You know how it is -- just when you thought you understood everything, you realize how much more there is to learn.  I personally look forward to the Workshops for all these reasons. Hope to see you there!

Filing a New Case After Denial

I think that everyone knows how the basics work. Under the pre-PERM rules, you have to wait six months to file a new case after receiving a denial. Under the PERM rule, you can refile immediately?

But what if you have a denial under the old rule, and you want to refile immediately under the PERM rule? Do you have to wait six months?

The answer is thzt you can refile under the new rule immediately, notwithstanding the fact that the old rule is still in existence. Althought the old rule and the new rule coexist, it is no longer possible to fie a new application under the old rule. 

Since the new rule provides for immediate refiling, you are able to refile immediately after receiving a denial under the old rule or under the new rule. Obviously, if your denile is for a case filed under the pre-PERM regulations, the new case will be a first-time filing under PERM!