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Bloggings On PERM Labor Certification

by Joel Stewart

Experts Discuss Audit, Reconsideration and Appeal Options

On Thursday, May 3, the ILW telephonic panel will discuss important issues regarding audits, reconsideration and appeals of CO decisions. The all-start case includes Edwin Rubin, Professor Emeritus of the Employment Based Immigration Bar, Lorna Burgess, whose knowledge of PERM regulations and BALCA decisions is incomparable and a legend among her colleagues, and Christina LaBrie, PERM specialist and savant from the halls of the Fragomen ultimate immigration experience to create the best panel yet on the subject of post-decision options -- audits, reconsideration and appeals. The program includes the following topics:

  • Calculating Time Periods: Beginning or ending recruitment within the prevailing wage validity period; Responding to Audits within 30 days; Requests for Reconsideration or Appeals within 30 days; Responding to BALCA docketing; Filing briefs with BALCA; Requesting Reconsideration by BALCA.
  • Audits and Requests for Documentation. What must be provided in response to an audit? Which information or document may the CO legally request or require? What if the CO's request appears to be ultra-vires? When may documentation be included in the record file to be considered by the CO or by BALCA?
  • Reconsideration : Government or Regular Queue? What to do when the DOL is in error? How does the dual-queue system work?
  • Supervised Recruitment -- unlocking the mystery! What type of recruitment may the CO require? Is Supervised Recruitment a reincarnation of RIR?
  • Preparing Requests for Review to BALCA. When may BALCA dismiss the appeal? What type of review is offered by BALCA? What is the Employer's burden of proof?
  • BALCA en banc and Leading Panel Decisions. What are the PERM en banc decisions? What changes from pre-PERM decisions has BALCA presented? What trends does the board follow?
  • Administrative Appeal v. Filing under the APA in District Court. Did you know that the Employer may not have to exhaust administrative remedies, skip going to BALCA and go directly to Federal Court?

There is still time to contact ILW.COM to sign up, but if you miss the live broadcast, you can order the CD Rom from ILW.COM.

About The Author

Joel Stewart works exclusively in the area of immigration law. Joel Stewart has joined the Immigration Practice Group of the law firm of Fowler White Boggs as Of Counsel in the Firm's Fort Lauderdale office. 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.

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