PERM From A To Z
Session 2 held on November 8, 2007
From Edward R. Litwin
On the November 8th ILW.COM Teleconference, "Preparing to File the Form 9089 -- Avoiding Potential Problem Areas", I referred to a number of BALCA relating to PERM applications. I gave quick ideas as to what we can learn from each case. Below are the names and citations of these cases, as well as others which I did not have time to give:
Matter of Voodoo Contracting Corp., Case No. 2007-PER-00001 - An error in the posted notice will not be likely dismissed as a harmless error (the CO's address was not given, nor was any information as to how to find that address).
Matter of Perrault Landscape Contracting, Case No. 2007-PER-00008 - If it may be concluded that an occupation could be included on Appendix A - do the extra advertising (BALCA concluded that a Landscape Designer is equivalent to a Landscape Architect, even though the employer did not require a bachelor's degree for the position.
Matter of Demos Consulting Group, Ltd., Case No. 2007-PER-00020 - The 20 CFR § 656.17(h)(4)(i) states that alternative experience requirements must be substantially equivalent to the primary requirement.
Matter of Big Apple Educational Center, Case No. 2007-PER-00026 - An advertisement and job order are not part of the 3 additional recruitment steps.
Matter of Luyon Corporation, Case No. 2007-PER-00027 - Where the employer filed PERM before 30 days elapsed from the job order, the employer cannot argue clerical error as a justification or violation of due process because it took the CO four months to deny the case, and, by then, the recruitment was stale.
Matter of Classy Dyeing & Finishing, Case No. 2007-PER-00013 - Given the date of high school graduation off the PERM form will result in a denial. The date the alien graduated is necessary to determine if the alien possessed the requirement at the time of hire.
Matter of MK Enterprise Group, Inc., Case No. 2007-PER-00019 - A paper which covers only 1 borough not "the entire area of intended employment." Also, a weekly paper that may be available on Sundays does not meet the requirement of placing an ad in a Sunday newspaper.
Matter of Performance Improvment for Industry, Inc., Case No. 2007-PER-00028 - Attempting to cure a SWA order of less than 30 days by a new one (after PERM is filed) does not cure the deficiency since the order must be placed at least 30 days prior to filing.
Matter of Cafe Vallarta, Case No. 2007-PER-00029 - The date of filing is the date of form is date stamped, not the date of mailing.
Matter of Control Contractors, Inc., Case No. 2007-PER-00031 - Notwithstanding the employer's statement as to where the most appropriate recruitment is, the regulations required printed ads.
Matter of Spectrucm Foods, Inc., Case No. 2007-PER-00037 - The CO is not obligated to allow the employer to conduct new recruitment after filing.
Matter of Maria Gonzales, Case No. 2007-PER-00024 - A social security is not an FEIN.
Matter of Richard M. Robinson, Case No. 2007-PER-00084 - PERM is very exacting and unforgiving. The employer stated that newspaper ads were not applicable since the employee had been working for him for over 3 years. The BALCA suggested that he considered hiring an immigration attorney.