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The PERM Book Third Edition

Editor: Joel Stewart

Contributors: Roxana C. Bacon, Robert Banta, Blake Chisam, Susan J. Cohen, Attilio M. Costabel, Gary Endelman, Christina B. LaBrie, Cyrus Mehta, Sheela Murthy, Sherry Neal, Michael E. Piston, Edwin R. Rubin, Lawrence H. Rudnick, Carl Shusterman, David Simmons, Richard J. Tasoff, David Ware, Nathan A. Waxman, Mitchell L. Wexler, Leon Wildes, and many other contributors.

The PERM Book -- Third Edition -- Editor: Joel Stewart



Table of Contents Bios BUY NOW!

Table of Content

Chapter 1: All About the Law

Chapter 2: Parties to PERM

Chapter 3: Legal Requirements

Chapter 4: Anomalies: Special Handling or Processing

Chapter 5: Educational Degrees as Requirements

Chapter 6: Job Offers

Chapter 7: Prevailing Wage Requests

Chapter 8: All About Recruitment

Chapter 9: Consideration of Job Applicants

Chapter 10: All About Filing

Chapter 11: Post Filing Issues

Chapter 12: Approvals: Expiration, Validity, Portability & Duplicates

Chapter 13: Denials

Chapter 14: Request for Reconsideration

Chapter 15: Introduction to BALCA

Chapter 16: How to Request Review at BALCA

Chapter 17: Consideration by BALCA

Chapter 18: BALCA Can Remand

Chapter 19: Disciplinary Measures

Chapter 20: DOL Organization and Updates




Joel Stewart practices exclusively in the area of immigration law. He specialized in Romance and Slavic Linguistics before receiving a J.D. from the University of Connecticut School of Law, and is fluent in Portuguese, Spanish, French, and Russian. 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 as well as a popular speaker at immigration seminars for national and local bar associations throughout the United States. Mr. Stewart is the editor of The Perm Book, the definitive authority on the subject of PERM processing of labor certifications, and has been writing the BALCA Case Summaries since 1987.


Roxana C. Bacon is a managing director in the firm of Littler Global. The firm practices solely in employment based immigration law for multi-national companies. She is the first woman to serve as president of the State Bar of Arizona, first woman to serve as General Counsel for both the 7,000 member American Immigration Lawyers Association and its Foundation, first woman lawyer representative to the Ninth Circuit Court of Appeals and a member of the International Women's Forum. She is the recipient of the State's 100 Outstanding Minority and Women Lawyers, the 2001 Sarah Herring Sorin Award (highest award give to a woman attorney) and the 2003 State Bar Distinguished Service Award (highest award given to a Arizona State Bar member.) She has chaired the Committee on Character and Fitness and chaired numerous search committees for senior public positions in the state. Ms. Bacon was a Visiting Professor at the Arizona State University College of Law 1979-80, and has served as an Adjunct ever since. She chaired the University of Arizona James E. Rogers College of Law Board of Visitors, 2000-2003. She is a well-known speaker and presenter on a variety of issues, including immigration law and professional responsibility.

Robert Banta had the privilege of practicing immigration law in two of the largest general practice law firms in the United States for the first 19 years of his career. He then spent the next five years as a partner with the world's largest immigration law firm. In 2003, he founded Banta Immigration Law to combine the highest standards of performance and service he learned at those firms with the efficiencies of a single-office boutique firm. With immigration law as their sole focus, BIL can devote all of their resources to being in the vanguard of immigration law expertise and to providing exceptional client service and results. Banta Immigration Law is here to provide their clients the most effective and comprehensive solutions to your immigration needs. They also welcome inquiries from prospective employees wishing to work in an environment dedicated to excellence and exceptional service in immigration law.

Blake Chisam is Fragomen's Chief Audit and Privacy Officer. In this role, Blake oversees the firm's audit and risk management activities, as well as the firm's privacy program. Resident to the firm's Washington, DC office, Blake's practice focuses on risk management and compliance, along with government strategies. Blake was previously senior counsel to the immigration subcommittee for the U.S. House Committee on the Judiciary, where he worked on policy and oversight issues related to employment-based immigration, international law, border security, immigration enforcement, refugee issues, naturalization and citizenship. In addition to his former role with the House Judiciary Committee, Blake served as Staff Director and Chief Counsel for the House Committee on Standards of Official Conduct (Ethics Committee) from 2009-2011, and counsel to the Ethics Committee Chair and Senior Policy Advisor to Representative Zoe Lofgren in 2009. During his tenure, Blake directed an unprecedented number of complex Congressional ethics investigations and served as lead counsel in high-profile House ethics disciplinary hearings. Prior to his government service, Blake practiced immigration and nationality law in the private sector. His practice focused on advising organizations with respect to immigration-related policy, employment issues and other related matters. Blake is a sought-after speaker and guest lecturer and has published many commentaries on immigration law including a book, Immigration Practice, which he co-authored. In 2000, he was awarded the Meritorious Public Service Award by former Attorney General Janet Reno.

Susan J. Cohen is the founder and Chair of the firm's Immigration Practice, which is composed of 12 attorneys and 18 immigration specialists and assistants who service the immigration needs of Mintz Levin's existing corporate and individual clients, and of new clients who choose the firm precisely for its knowledge in the field of immigration and nationality law. Susan is actively involved in the American Immigration Lawyers Association (AILA) and has chaired and co-chaired a wide range of national AILA committees, including the National Planning Committee for AILA's Annual Immigration Law Conference. She has also served on the review board for AILA periodicals and has served as the ABA's liaison to the Department of Labor on immigration-related issues. She is a frequent panelist at AILA, ABA, and other immigration-related conferences, and a contributor to AILA, ABA, and other immigration-related publications. Susan was involved in contributing to the US Citizenship and Immigration Services (USCIS) regulations implementing the Immigration Act of 1990, the Department of Labor regulations implementing changes to the H-1B visa category as a result of the American Competitiveness and Workforce Improvement Act of 1998, and the Department of Labor PERM labor certification regulations issued in 2004. Susan also advised the Commonwealth of Massachusetts in drafting the legislation which resulted in the Massachusetts Global Entrepreneur in Residence (GEIR) program. Susan has won awards for her political asylum work from the Supreme Judicial Court of Massachusetts, the Political Asylum/Immigration Representation (PAIR) Project, the Massachusetts Lawyers Weekly, and Mintz Levin.

Attilio Costabel has practiced in Immigration Law for over twelve years and concentrates on business immigration matters. She has a wide range of local and international business experience, including representing Fortune 500 companies. Linda worked for five years as General Counsel for a software consulting company of over 500 employees prior to joining Fakhoury Law Group. Prior to that, she worked for immigration law firms in the San Francisco Bay area representing IT companies and many of the Silicon Valley start-ups. Linda has the unique capability of applying a business-oriented perspective to assist corporations with immigration hiring practices across the globe. She worked closely with executives in her in-house general counsel position to help formulate successful immigration practices. She also has experience in contract negotiations and employment law. In 2010, Linda joined Fakhoury Law Group as a Senior Attorney. Linda is responsible for several large corporate clients where she handles all of their business based immigration needs. She currently manages Fakhoury Law Groups office in San Francisco, California.

Gary Endelman is one of the more than 7,000 immigration attorneys in United States. Before choosing Gary Endelman as your immigration attorney, you should consider whether Gary Endelman is a member of American Immigration Lawyers Association (AILA), how much he or she charges for the services, if there is any hidden attorney fee, what's the fee schedule, whether he or she has good community reputation and is able to provide a list of good references. You can also contact the Board of Professional Responsibility of the state bar, to find out if Gary Endelman has ever been placed under any disciplinary actions. If there is any such disciplinary action, avoid using his or her services. Please be aware that, though Gary Endelman's office is located at Warrenville, IL, he or she might belong to the bar association of other states. Focus of Lawyer's Practice and Years Practice are also very important factors in your evaluation process. The more focused the lawyer's practice areas, the better service he or she could provide. Length of practice, however, can be both positive and negative for an immigration attorney. So do not make decisions solely on one or two factors. Gary Endelman has been admitted in 1984, Texas. (Not admitted in Illinois). His or her practice areas include Immigration.

Christina B. LaBrie graduated from University of California at Santa Barbara, B.A., 1996 New York University School of Law, J.D., 2000, is now employed by Fragomen, Del Rey, Bernsen & Loewy, LLP at 7 Hanover Square New York, NY 10004. While being a member of Association of the Bar of the City of New York (Member, Committee on Immigration Law, 2003-2006); American Immigration Lawyers Association., Christina B. LaBrie is one of the more than one million lawyers in United States. Before choosing Christina B. LaBrie as your lawyer, you should consider whether Christina B. LaBrie is a member of American Bar Association (ABA), how much he or she charges for the services, if there is any hidden attorney fee, what's the fee schedule, whether he or she has good community reputation and is able to provide a list of good references. You can also contact the Board of Professional Responsibility of the state bar, to find out if Christina B. LaBrie has ever been placed under any disciplinary actions. If there is any such disciplinary action, avoid using his or her services. Please be aware that, though Christina B. LaBrie's office is located at New York, NY, he or she might belong to the bar association of other states. Focus of Lawyer's Practice and Years Practice are also very important factors in your evaluation process. The more focused the lawyer's practice areas, the better service he or she could provide. Length of practice, however, can be both positive and negative for an attorney. So do not make decisions solely on one or two factors.

Cyrus Mehta is the founder and managing attorney of Cyrus D. Mehta & Associates, PLLC (CDMA) in New York City. He represents corporations and individuals from around the world in business and employment immigration, family immigration, consular matters, naturalization, federal court litigation and asylum. He also advises lawyers on ethical issues. Based on 20 years of experience in immigration law, he is able to comprehend all kinds of problems and provide effective, ethical and strategic solutions to his clients. He is also an Adjunct Professor of Law at Brooklyn Law School where he teaches a course, Immigration and Work. Mr. Mehta is the past Chair of the American Immigration Lawyers Association AILA's National Pro Bono Committee. He is currently the Vice-Chair of AILA's Ethics Committee and serves on its Civil Rights & Civil Liberties Committee and Annual Conference Planning Committee. Mr. Mehta is a frequent speaker at AILA conferences and has also served on several other AILA national and AILA-NY Chapter committees over the years. Mr. Mehta is also a Special Counsel on immigration matters to the Departmental Disciplinary Committee, Appellate Division, First Department, New York. He also serves on the Board of Directors of Volunteers of Legal Services, Inc.

Sheela Murthy is Founder and president of the Murthy Law Firm, Sheela Murthy completed her Master of Laws (LL.M.) from Harvard Law School, and has been admitted to practice as an attorney in New York, Maryland, and the U.S. Supreme Court. Murthy practiced with major law firms in New York and Baltimore before launching her own firm in 1994, then known as the Law Office of Sheela Murthy. She is fluent in French and Hindi. Murthy presents papers and speaks on complex immigration law issues before the American Immigration Lawyers Association (AILA) and other national and international organizations, including the International Bar Association in London and the Center for International Legal Studies in Salzburg. She is a past member of the Board of Trustees (2002-2009) and, for a number of years, co-chaired the American Immigration Council AIC's Annual Immigrant A regularly featured writer, sharing information with her colleagues on consular matters and other immigration law topics, Murthy is often called upon by television network affiliates and newspapers to discuss immigration law, she is also featured in many international publications for her worldwide practice, for her leadership in the business community, and for her philanthropic work. She and her firm have been awarded the AV rating from Martindale-Hubbell. This is the highest rating for lawyers and represents a measure of esteem for which attorneys strive. It recognizes Murthy for her outstanding legal abilities, acknowledged by her peers, and signifies the highest professional ethics and conduct.

Sherry Neal has been an Immigration Attorney with Hammond Law Group since 1995. She handles all types of immigration cases, advising corporations and individuals on immigration law issues. She holds several leadership positions including Chair of the Ohio Chapter of the American Immigration Lawyers Association (AILA), member of the Board of Governors of AILA, and a member of the Healthcare Committee of AILA. She has written many articles on immigration law that have appeared in local, national and international books and magazines. She is a frequent speaker at conferences for legal bar associations, trade organizations and employment groups.

Michael E. Piston is the senior partner at Piston & Carpenter P.C. He has practiced immigration law exclusively for over 20 years and has spoken at numerous American Immigration Lawyers Association (AILA) and ILW conferences and workshops. He has also written several articles for the AILA Annual Conference Handbooks and ILW PERM Handbooks.

Edwin R. Rubin is a preeminent New Jersey Immigration Lawyer. For 40 years, Edwin R. Rubin, Attorney at Law, has served corporate, individual and family immigration law needs by providing his internationally recognized expertise in a personalized setting. My direct personal interaction with each client helps assure effective analysis of all issues. Unlike many immigration lawyers who rely on staff to handle all aspects of the case and communicate with clients, when you hire Edwin R. Rubin, you get Edwin R. Rubin. My experience with thousands of cases permits me to advise clients as to what the case will involve from initial consultation to the final desired outcome. Before undertaking a course of action, the client will be advised of all aspects of the process.

Lawrence H. Rudnick a Founding Partner of The Rudnick Immigration Group, has been consistently rated one of the preeminent immigration lawyers in the U.S. He has a lengthy record of accomplishment in his over 28 years as an immigration lawyer, and is listed in the Best Lawyers in America, and is a frequent commentator on immigration related issues for the press and networks. Mr. Rudnick has for several years been selected among the Pennsylvania Super Lawyers for immigration law, and is listed in the Who's Who of International Corporate Immigration Lawyers. He is AV rated by Martindale Hubbell for the highest standards in ethical and legal ability. While Mr. Rudnick's practice focuses primarily on business immigration, he has had a number of well-known successes in litigation, including the decisions in Yusupov v. Attorney General, 518 F.3rd 185 (3rd Cir. 2008), overturning the Attorney General's interpretation of which individuals consistute a danger to the U.S., and Soltane v. U.S. Department of Justice, 381 F.3rd 143 (3rd Cir. 2004), overturning USCIS' overly restrictive interpretation of the religious worker regulation. Mr. Rudnick has also been a leader in filing litigation under the Administrative Procedures Act to remedy excessive government delays. He has won leading cases interpreting the USCIS regulation on what constitutes specialized knowledge for purposes of the L-1 category.

Carl Shusterman has over 40 years of experience as an immigration lawyer. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) until 1982, when he entered the private practice of law. For more than 10 years, he has been voted as one of the Best Lawyers in America and as a Super Lawyer by his colleagues in the bar. Carl has been named as one of the top 15 corporate immigration attorneys in the U.S. by Human Resource Executive magazine. His hard work and dedication to immigration law have earned him the highest rating ("AV") in legal ability and ethics from the prestigious Martindale-Hubbell Legal Directory. He has also served as a member of the Immigration and Nationality Law Advisory Commission for the State Bar. Carl is also listed in The International Who's Who of Corporate Immigration Lawyers and the Chamber's USA Guide for Leading Business Lawyers. Additionally, he has testified as an expert witness before the Senate Immigration Subcommittee in Washington, D.C. Immigration law is very personal for Carl. His wife is a Filipino immigrant. His son was born in Canada and his daughter-in-law's parents are Indian immigrants. His office staff speaks Spanish, Chinese, Tagalog, Farsi, Hindi, Turkish, German and a variety of other languages. Carl is a former Chairman of the American Immigration Lawyers Association (AILA), Southern California Chapter and served as a member of Shusterman AILA's national Board of Governors (1988-97). He has chaired numerous AILA Committees, spoken at dozens of AILA Conferences and has contributed a number of scholarly articles to AILA's publications. Carl is a frequent writer and lecturer on immigration law. His articles, letters to the editor and quotes have appeared in prestigious publications such as the New York Times, Washington Post, Canada's Globe and Mail, USA Today, Los Angeles Times, Wall Street Journal, National Law Journal, California Lawyer, Los Angeles Lawyer, Journal of the American Medical Association, Christian Science Monitor, Atlantic Monthly, Computer World, Information Week, Issues in Science and Technology, Variety, and numerous other publications. He has written for, and been quoted extensively in, leading periodicals specializing in immigration law including Interpreter Releases, Immigration Law and Procedure, Immigration Briefings, Inside Immigration, Immigration Journal and U.S. Immigrant Magazine. In addition, he has appeared on various television programs including NBC's Today Show, CNN's Headline News, the Nightly News with Peter Jennings, and on a wide variety of nationally syndicated radio shows.

David Simmons Lead Attorney has practiced immigration law in his native Denver since 1986. He represents a broad variety of immigration clients from all countries in the world. Bilingual in English and Spanish, he teaches Immigration Law in Spanish as an Adjunct Professor of Law at the University of Denver's Spanish in the Law program. He is a former Chapter Chair of the Colorado Chapter, American Immigration Lawyers Association. He served as Honorary Legal Counsel to the Mexican Consulate General in Denver for twelve years. He is active in a number of pro-bono projects. "I find serving immigration law clients to be both enjoyable and rewarding. My clients come to me for help in building a dream for themselves, their employees, or their families. It is both a privilege and a great responsibility to help make that dream come true."

Richard J. Tasoff is a senior partner in Tasoff & Tasoff, one of the oldest "AV" rated (highest Martindale-Hubbell rating) law firms in Los Angeles specializing in immigration law. Richard, a Certified Specialist in Immigration & Nationality Law (State Bar of California Board of Legal Specialization) since 1988, specializes in assisting research institutions, technology firms, multinational corporations, and highly-skilled or net-worth individuals obtain temporary working visas and permanent resident status ("green card" status). The firm assists in marriage and family based immigration cases. Based on survey of over 60,000 Southern Californian lawyers, Richard was honored as a "Super Lawyer" in immigration law for the Southern California region each year from 2007 through 2013. Richard is also included in the 2013 Best Lawyers in America. Richard volunteers and is Vice President of the Board of the Celiac Disease Foundation, a non-profit organization working to spread awareness of this condition that affects as many as 1 of every 133 Americans.

David Ware graduated from Yale College, summa cum laude, in 1977. He received his J.D. from the University of Texas School of Law in 1981, after spending a year abroad studying Mexican law pursuant to a Fulbright-Hayes scholarship. He is admitted to practice in the State of Louisiana, but as an attorney whose practice is limited to federal law, may lawfully practice in any state of the Union. He has practiced immigration and nationality law exclusively since 1982, either in solo practice or as a partner. He has diverse experience in representing companies, universities, medical schools and many other entities, and individuals, regarding immigration concerns. For 10 years, Mr Ware has been placed among the top immigration attorneys in Louisiana by New Orleans Magazine, and in 2005 and 2008, City Business magazine selected him as one of the top 50 "Leaders in Law" in Louisiana, the only immigration attorney ever so chosen. Mr Ware is a recognized leader among immigration attorneys in practice areas of interest to higher education and business immigration, and he has for many years served as a mentor in these areas for other immigration attorneys through the American Immigration Lawyers Association (AILA) Mentorship Program.

Nathan A. Waxman has written more than 20 professional journal articles and book chapters on aspects of immigration law. He has lectured at AILA national conferences since the 1990s, with particular regard to NIW, H1B, and AC21. Nathan has been a leader in National Interest Waiver (NIW) analysis and advocacy since the 1990s. He has written extensively on the National Interest Waiver since 1996, and wrote the first commentary and critique on the New York State Department of Transportation (NYSDOT) precedent decision. He has successfully represented businesses ranging from Fortune 500 corporations to universities to nonprofit foundations, family-owned businesses, and self-employed musicians, artists, physicians and alternative medicine practitioners. Nathan has been responsible for key advisory opinions from federal agencies regarding H1B, Outstanding Researcher, and Merger and Acquisition issues. He has won significant appellate decisions from both the Administrative Appeals Office (INS/USCIS) and the Board of Alien Labor Certification Appeals (Department of Labor). He has served as an Adjunct Assistant Professor of Business Immigration Law at the School of Professional Studies, City University of New York. He is acknowledged by his peers in business and employment-based immigration as a national figure, as manifested by his selection as a New York Super Lawyer, and his inclusion in the Who's Who of International Business Law, and in Best Lawyers in America.

Mitchell L. Wexler manages the firm's Irvine and Los Angeles offices. His practice is quite diverse in that it is comprised of individual high net worth foreign nationals, start up, mid-size, and large multinational companies with regard to all of their work visa/immigration matters. Mitch's clients are equally diverse across industry sectors including manufacturing, pharmaceutical, technology, construction, real estate development, entertainment and more. Mitch is a member of the firm's national Executive Committee. He is a California State Bar certified specialist in immigration and nationality law. Mitch also teaches an annual module on business and investment (including EB-5) immigration law at the University of California Irvine Law School. He manage teams overseeing corporate clients' immigration programs, Counsel clients on immigration related due diligence in connection with corporate restructurings and M&A transactions, Advise management and employees on the immigration consequences of personnel actions including reductions in force, hiring freezes, mandatory leaves of absence, etc, Draft and review customized immigration policies as part of a broader mobility program, Assist families, individuals and investors (EB-5) in their US immigration needs.

Leon Wildes the founder of the firm, serves as Senior Partner. Holding J.D. and LL.M. degrees from the New York University School of Law, he was an Adjunct Professor of Law at the Benjamin N. Cardozo School of Law in New York, where he taught immigration law for more than 30 years. He regularly publishes scholarly articles in the field and lectures widely to both immigration lawyers and lawyers in general practice, and has practiced in the field for fifty years. A recognized authority in his field, he served as National President of the American Immigration Lawyers Association and has testified before the United States Congress as an expert in immigration matters. Awarded the Edith Lowenstein Memorial Award for Outstanding Contributions to the field of Immigration Law, he is best known for his successful representation of former Beatle John Lennon and his wife Yoko Ono in deportation proceedings spanning a five year period. Leon Wildes' represention of John Lennon and Yoko Ono; HIAS Cover Story on John Lennon Case; Leon Wildes appears in film "The U.S. vs John Lennon"; Article "Lennon Law: How Leon Wildes helped John Lennon stay in the city he loved" appearing in New York Superlawyers 2009.


The PERM Book -- Third Edition -- Editor: Joel Stewart



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