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Bloggings: April 16, 2008

by Joel Stewart

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

April 15, 2008

Cherchez la Reg!

As in any area of law, the basic rules and procedures, laws and regulations, are the most important tools of practice. Sam Udani, publisher of ILW.COM and I talked about this years ago, so when the PERM law was finally published, we decided that the PERM BOOK would include a heavy emphasis on the regulations themselves....a fact often overlooked in labor certification practice.

It was for this reason that I decided that the PERM BOOK II would revisit the regulations themselves in great detail and from different perspectives. The PERM BOOK II will present, explain, and interpret the regulations better than ever before. The approach I decided to use is to present the regulations threefold:

(1) First, realizing that the regulations are hard to reach, they will be set forth in in a wonderful new, easy-to-read format, with all the sections and sub-sections clearly understandable. This is really important, since the published regulations are hard to read.

(2) Second, my interpretations of the regulations have been updated, and will be easier to read as well, since they will be placed conveniently next to the section of the regulation being cited.

(3) More importantly, the PERM BOOK II has an extensive offering of articles written by PERM experts, each one also interpreting a section of the regulations.

These articles, interpreting the regulations, and written by PERM experts, are at the heart of the matter. The idea is that a practitioner confronted with a problem can pick up the PERM BOOK II, turn to the regulation underlying the problem, read the regulation and the interpretation that accompanies it, and then use the expert PERM article to get a complete orientation on the issue at hand.

The list of articles by PERM includes the following. The first group are articles that correspond to specific parts of the PERM regulation, as explained above.

    • Comprehensive Survey of State Workforce Agencies: Forms & Tips for PW & Job Orders by Alison Walters
    • Stratifying Occupational Units by Specific Vocational Preparation a/k/a the SVP Debacle by Barbara Brandes
    • Substitution of Employers in PERM Cases by Chris Allen
    • How Perm Cases Are Selected for Audit by Christina LaBrie
    • Foreign Language Requirements by Cyrus Mehta
    • Federal Court Litigation by David Pakula
    • Preparing PERM for 2nd & 3rd Preference by David Nachman
    • Filing, Withdrawing, Refiling and Tracking PERM Cases by Davis Bae
    • Recruitment Steps for Professionals by Edward Rubin
    • Prevailing Wage by Jane Goldblum
    • Review of Prevailing Wage Determinations by Jonathan Adams
    • FAQ's: Fact, Fiction or Law? by Larry Rudnick
    • Recruitment Report by Leon Wildes
    • SVP: Discrepancies between the O*Net and the DOT by Lori Melton
    • Liaison and Stakeholder Minutes by Lorna Burgess
    • Layoffs by Margaret McCormick
    • Exhausting Administrative Appeals by Michael Piston
    • How to Prepare an Appeal Brief for BALCA by Mitchell Wexler
    • Recruitment: Regular & Supervised by Nancy-Jo Meritt
    • Combination of Occupations by Nathan Waxman
    • Prohibition on Payment of Attorney Fees by Paul Hejinian
    • Labor Certification Determinations by Rebecca Sigmund
    • Ethics: Fraud, Misrepresentation, Validity, Invalidation & Revocation by Richard Tasoff
    • Alien Influence and Control by Robert Banta
    • Actual Minimum Requirements & Experience Gained on the Job by Rohit Turkhud
    • Nurses and Healthcare Professionals by Sherry Neal
    • Job Duties, Restrictive Requirements, and Business Necessity by Sofia Zneimer
    • Notice Requirements by Susan Cohen
    • Domestic Workers: At Home and on the Range by Susan Brady
    • Audit Procedures, Extensions and Remands by Susan Anderson
    • College & University Professors by Victoria Donoghue
    • The New 9089 PERM Form by Linda Rose
    • Roadmaps and Checklists for PERM by Steve Clark

As you can see, the list of topics is thorough and exhaustive, and designed to provide valuable guidance for any type of PERM problem. I can't wait to receive my own copy of the PERM Book II. How about you? 

About The Author

Joel Stewart works exclusively in the area of immigration law. Joel Stewart is the editor and author of THE PERM BOOK. He is Past President of the South Florida Chapter of the American Immigration Lawyers Association (AILA) and is a nationally recognized authority on employment-based immigration matters and a popular speaker at immigration seminars for national and local bar associations throughout the United States. Mr. Stewart has been writing the BALCA Case Summaries for AILA and Immigration Law Today since 1987 and authors official AILA articles and publications such as the Visa Processing Guide for Procedures at U.S. Consulates and Embassies in Brazil and Portugal. Mr. Stewart writes weekly newspaper columns for the Brazilian Times and the Brazilian Paper and presents a weekly radio program in Portuguese on Radio Brazil. He is a partner at the firm of Fowler-White-Burnett in Miami, Florida.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.