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PERM 2006: Getting Your Cases Approved In The Year Of The Dogby Joel Stewart, et al.
Editor's Note: The following are the materials for this seminar.
"PERM 2006: Getting Your Cases Approved In The Year Of The Dog"
For more info, or to signup online, click here.
From R. Blake Chisam
From Jane Goldblum
From Christopher Wilburn
PERM Stamps and Checklists
From Joel Stewart Regarding the DOL proposed rules on substitutions. Attorneys are encouraged to send in their comments and request their employer-clients to send their comments at the deadline and to the addresses that appear below: DATES: Interested persons are invited to submit written comments on the proposed rule on or before April 14, 2006.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB42, by any of the following methods:
Follow the Web site instructions for submitting comments.
From Michael Piston Young v. Reno, 114 F.3d 879 (9th Cir. 1997) Darby v. Cisneros, 509 U.S. 137, 125 L. Ed. 2d 113, 113 S. Ct. 2539 (1993).
"PERM 2006: Getting Your Cases Approved In The Year Of The Dog" Question: We are doing perm labor certs for 6 special ed teachers. We have been able to eliminate all applicants except one. They do not want to hire this person, but at this point she appears qualified and has good references. Can we still file 5 of the applications, or will all 6 suffer because of the one qualified applicant. We used the same ads and recruitment for all 6 teachers. Answer by Joel Stewart:
Special Ed Teachers -- What do you mean she APPEARS qualified? Is she also AVAILABLE? You can ask her to assist you to confirm her qualifications....you can also do some "digging" in her background...why does she want the job? There is a shortage of special ed teachers....is she not employed now? If not, why not? Why does she want YOUR job and not another job? I think there are a lot of issues you can investigate before you throw in the towel on this one. In the final analysis, if you have six positions, you can hire the five aliens and the one US worker. Another option is to consider whether the US worker is interested in the special ed job as a permanent position...what does her resume state about her intentions? Does she want a job with more responsibility? Perhaps the employer has a different, more challenging job for her? The first question: We represent a large number of small restaurant owners who want to extend offers of employment for qualified alien beneficiaries. Many of them do not have an email address. How can we file the ETA 9089 for them electronically? For example, are we allowed to set up an email address for them if we are duly-authorized to do so? The system warns that this is restricted to employers only. The second question: In cases of foreign specialty cooks, do you still need to answer 'yes' to question H-10 asking whether experience in an alternative occupation is acceptable? If the answer to that question is 'no', would that be fatal to the application?
Answer by Joel Stewart: E-mail addresses for Employers -- I think you should take the warnings seriously. The attorney or agent should not handle this for the Employer. The computer with IP address should not be one that belongs to the attorney. We had this problem recently and insisted that the Employer establish an e-mail. The Employer found a business next door in the shopping plaza with a computer -- opened an e-mail account and registered to file the PERM case. Alternatively, the Employer can go to an Internet Cafe to register the PERM case.
(b) Specialty Cooks -- what do you mean "do you still have to answer Yes"......Who said you have to answer "Yes"? I didn't understand this question.
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