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Bloggings On PERM Labor Certification

by Joel Stewart

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

January 05, 2009

Perm Practice Tips -- January 9, 2009

The third in our series of PERM telephonic seminars will take place on Thursday, January 9. The topics we will cover are the following:

Attorney Representation in PERM Applications : What is the difference between an Agent and an Attorney? Who may compensate the attorney and for which services? What are the ethical issues in dual representation?

Dangers in Attestations:What are the legal implications of attestations? What attestations must the Employer make to file a PERM case? What dangers and conflicts exist?

Review of Notice Requirements: What is the difference between recruitment and notice? What types of notice requirements exist? What must be included in the notices? Zero Tolerance and Notice Requirements.

Preparing and Retaining Record Files.  What documents must be included in the record file? Which documents are optional? What details about job applicants are required? Who must keep the record file? What form (electronic or paper) must the record file be?

Substitution of Employers: When may Employers be substituted? What are the requirements?

On-Line Registration of Employers: What instructions govern on-line registration? Who may register the Employer? Special problems with on-line registration.

Business Necessity for Job Level Four: Why is Job Level Four important? Which jobs qualify for Job Level Four? How may minimum requirements be established for Second Preference using Job Level Four? What type of documentation is required in case of audit?

Gaining Experience on the Job: How does the rule differ from pre-PERM? What is the best way to present documentation to meet the "more than 50%" rule? Examples of occupations.

Alien Influence and Control: Owners, relatives, officers, and key employees. What is the Employer's burden of proof?  Examples of viable cases.

Post-Denial Options: Reconsideration or Appeal to BALCA.When to file reconsideration or appeal?  Where How long do the processes take? What types of cases are likely to be approved?

I hope you can join us as we review important points and tips for these issues.