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PERM

PERM is the new Labor Certification procedure for obtaining a green card, i.e., U.S Permanent Residency, through employment.

Are any PERM regulation provisions applicable to applications filed under the regulation in effect prior to March 28, 2005?

According to the Labor Department:

No, while many provisions in the PERM regulation are the same as, or similar to, the provisions found in the regulation in effect prior to March 28, 2005, the PERM regulation can not be applied to applications filed under the former regulation. At this point, all provisions of the PERM regulation are applicable only to applications filed on or after March 28, 2005, under the PERM regulation.

When does the four wage level provision go into effect?

According to the Labor Department:

The four wage level provision goes into effect on March 8, 2005, as does the requirement to pay 100% of the prevailing wage.

When must the advertisement for the job opportunity be placed in the national professional journal?

When must the advertisement for the job opportunity be placed in the national professional journal under the optional special recruitment provision?

According to the Labor Department:

The national professional journal advertisement for the job opportunity as required under the optional special recruitment provision must have been placed during the recruitment period prior to the selection of alien.

How will RIR and TR priority be handled over PERM cases?

According to the Labor Department:

Backlogged cases will be processed in Philadelphia and Dallas. PERM cases will be processed in Chicago and Atlanta.

Procedure for requesting a Duplicate Labor Certificate. ETA-9089.

According to the Labor Department:

Requests for a duplicate ETA-9089 can be initiated by the petitioner by contacting the Department of Labor or by requesting that CIS assist with obtaining a duplicate labor certificate ETA-9089 from DOL. The following steps are suggested when requesting a duplicate ETA-9089 through USCIS. Please include on the top of the I-140, Petition for Alien Immigrant Worker, a cover sheet (preferably highlighted with colored paper) stating the following:

LOST OR MISPLACED LABOR CERTIFICATION, REQUEST FOR DUPLICATE, DO NOT REJECT

On the same sheet, the following information should also be included:

  1. Attorney name;
  2. Petitioner's name;
  3. Beneficiary's name;
  4. ETA case number;
  5. Priority Date;
  6. Specify whether you want USCIS to initiate the request for duplicate certificate ETA-9089 or you have contacted DOL to initiate the request for duplicate;
  7. Proper fee, signature and all required supporting documents;
  8. A print screen showing that the case has been certified.
  9. Provide the reason(s) for requesting that the Service Center secure a duplicate, approved labor certificate from DOL, e.g. "Case was certified, original approved labor certificate was never received in the mail."

Once the duplicate certificate ETA-9089 is received by USCIS, the petitioner and/or his representative will be contacted via a Request For Evidence (RFE) notice in order to secure the petitioner's signature on the duplicate certificate. The certificate must be signed by the petitioner before USCIS can accept it for filing purposes.

DOL issues Guidance regarding the Re-Instatement of certain Backlog Center Cases which were erroneously withdrawn

The Department of Labor (DOL) issued a statement on or about November 15, 2006, providing guidance, regarding how certain cases in the Backlog Centers which were inadvertently withdrawn (as being "re-files due to technical problems) would now be reinstated. The Statement is reproduced below.

What is considered an acceptable newspaper and/or acceptable journal and is there a published list?

According to the Labor Department:

There is no published list of acceptable publications.

Most employers, based on their normal recruiting efforts, will be able to readily identify those newspapers (or journals for certain professional positions) that are most likely to bring responses from able, willing, qualified, and available U.S. workers. The employer must be able to document that the newspaper and/or journal chosen is the most appropriate to the occupation and the workers likely to apply for the job opportunity.

NOTE: In the case of a rural area where there is no newspaper with a Sunday edition and the employer chooses to use the edition having the widest circulation, the employer must be able to document the edition chosen does, in fact, have the widest circulation.

Where I can email my questions?

According to the Labor Department:

There are three locations where you may send your questions, depending upon the type of question asked.

  • If you have a technical question (for example, if you forgot your password), then please email those questions to plc.help@dol.gov.
  • If you have a program specific question (for example, if you have a question concerning the content of an advertisement) or a policy question, then please email your questions to one of the appropriate National Processing Centers at

    The appropriate National Processing Center depends upon the state in which you are located.

Please note: Questions should no longer be e-mailed to perm.dflc@dol.gov.

If Schedule B under the regulation in effect prior to March 28, 2005, has been eliminated and there is no longer a waiver...

If Schedule B under the regulation in effect prior to March 28, 2005, has been eliminated and there is no longer a waiver provision for those occupations listed in Schedule B such as household domestic service workers, bookkeepers, laborers, etc., does that mean employers are not permitted to obtain a labor certification for those occupations?

According to the Labor Department:

No, the elimination of the former regulation's Schedule B and its waiver provision does not prevent employers from seeking labor certifications for the occupations listed in Schedule B. To the contrary, employers are free to file applications under the provisions of PERM, as appropriate, for occupations found in the former regulation's Schedule B and are not required to obtain a waiver in order to do so.

My case has been "In process" the last few times I checked. Is something wrong? Is my case stuck?

According to the Labor Department:

No. The PDS will return a status of "in process" as a case moves through the various stages of the case review and analysis process at a BEC. Depending on the case type and filing date, some cases may show a status of "in process" for some time as the case moves through the various stages.

Again, depending on the case type and any issues that arise with the case, you may hear from the BEC while your case is in process and to facilitate faster processing, you should respond as quickly and completely as possible.

What should I do if I have not been contacted by a BEC at all about my case?

According to the Labor Department:

If you have not done so already, send an e-mail request to the No BEC Contact box at nobeccontact@dal.dflc.us for the Dallas BEC or at nobeccontact@phi.dflc.us for the Philadelphia BEC. The e-mail must contain the following information:

What standards will be used in making labor certification determinations under the new, streamlined system?

According to the Labor Department:

The standards used in making labor certification determinations under the new system will be substantially the same as those used in arriving at a determination in the former system. The determination will continue to be based on:
  • whether there are not sufficient United States workers who are able, willing, qualified and available;
  • whether the employment of the alien will have an adverse effect on the wages and working conditions of United States workers similarly employed;
  • and whether the employer has met the procedural requirements of the regulations.

What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the US, or PERM, regulation?

According to the Labor Department:

The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.

About Antao & Chuang

Attorney Roger S. Antao Attorney Enna Chuang

Experienced

Since 1991, Antao & Chuang, Attorneys at Law, has served clients located throughout the U.S. and the world in U.S. immigration matters (including H-1B, J waivers, L, E, O, P visa cases, green card cases, and other immigration matters). We represent individuals and companies (from small companies to major multi-national corporations).

Effective

If you retain our firm for your visa case, we will advise you on key legal issues, identify the necessary information for your case, prepare the necessary documents, file the case, enter our representation before the relevant U.S. government agencies or U.S. Consulate/Embassy as your attorneys, and communicate with the U.S. government agencies or U.S. Consulate/Embassy as your attorneys, as necessary. If you retain our firm for a consultation, we can advise you on specific legal issues or provide you with guidance regarding key decisions, as well as a summary of your available options.

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Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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