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Bloggings: February 20, 2008

by Joel Stewart

February 18, 2008


The PERM BOOK II is being readied for the press, and we have a large number of improvements over PERM BOOK I that I would like to tell you about.

First and foremost, the PERM BOOK II will carry all updates to the PERM Rule, Frequently Asked Questions, with comments on Stakeholder Meetings and Liaison Reports. The PERM Regulations have been amended, of course, with respect to substitution of labor certifications and attorney fees, and the attorney-fee issue will be covered in depth. Since the Rule came out in 2005, DOL has been writing new "law" by grinding out FAQ's and decisions. These memoranda may or may not have the force of law, leaving employers and attorneys wondering at every step whether they have prepared and file their PERM applications properly. The PERM BOOK II will guide employers and their attorneys through this whole quagmire.

I am very excited to announce that my BALCA summaries will return in The PERM BOOK II, plus a PERM Deskbook fashioned after the now-defunct ALJ's BALCA Deskbook. The Deskbook will contain references and summaries of PERM cases, indexed by topic, so that practitioners can research PERM issues.

A new chapter entitled "Roadmaps and Checklists for PERM" will be included. The Roadmaps will give a general orientation and provide direction to practitioners, while the checklists will lead the way through each PERM process in detail, from the very beginning to the end. Checklists will include alien intake, employer intake, preparing the PERM form, checking for conformance with government standards like SVP and O*Net, preparation of prevailing wage request, advertising and recruitment, preparing the Record File, dealing with audits, motions to reconsider, appeals and other issues.

The current SVP / O*Net fiasco will be dealt with in great detail, including a complete and thorough background on the transition from DOT to SOC/O*Net, with tips how to prepare applications with second preference requirements like a Master's Degree or Bachelor's plus Five.

Form 90898, both paper form and electronic version, will be annotated. There are differences between the paper and electronic forms, thus necessitating annotations for both.

An important feature is a guide to State Workforce Agencies. We will include instructions to apply for prevailing wage requests plus to file 30 day work orders, as well as tips about local practices.

Prevailing Wage Analysis & Procedures will occupy a separate chapter, as there is so much material generated by the PERM regulation, the FAQ's and current practice. 

As usual, we will have Articles by Noted Practitioners on Recently Emerging Issues, Professional Recruitment, Schedule A & Nurses, Preparing a PERM Case, Ethical Issues, College & University Professors, Audit Procedures, Supervised Recruitment, Household Domestic Workers (Live-in/Live-out), Sheep Herders, Audit Procedures, Supervised recruitment, Labor Certification Determinations, Motions to Reconsider, Appeals to BALCA, Strategic Use of the Freedom of Information Act, Validity and Invalidation of Labor Certifications, Fraud and Willful Misrepresentation, Revocation of Approved Certification, Restrictive Requirements, Combination of Occupations, Foreign Language Requirements, Experience Gained on the Job, Alien Influence and Control over the Job Opportunity, How to use the O*Net, Aliens of Exceptional Ability in the Performing Arts, What Happened to Kellogg?, Placing 30 Job Orders with SWA's, and more!

Is the PERM BOOK II an important tool? Well, yes! In fact, I myself use it constantly, as I can not remember everything that I wrote in The PERM Book I. I hope you will enjoy the new edition.