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PERM 2006: Getting Your Cases Approved In The Year Of The Dog

by Joel Stewart, et al.

Editor's Note: The following are the materials for this seminar.

Citations For ILW.COM's Seminar
"PERM 2006: Getting Your Cases Approved In The Year Of The Dog"

For more info, or to signup online, click here.
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From R. Blake Chisam

Outline from R. Blake Chisam

From Jane Goldblum

Outline 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:
Federal e-Rulemaking Portal:

Follow the Web site instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to Include RIN 1205-AB42 in the subject line of the message.
Mail: Submit written comments to the Assistant Secretary, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210, Attention: John R. Beverly, Interim Chief, Division of Foreign Labor Certification. Because of security measures, mail directed to Washington, DC is sometimes delayed. We will consider only comments postmarked by the U.S. Postal Service or proof of delivery from another delivery service such as UPS or Federal Express on or before the deadline for comments.
Instructions: All submissions received must include the RIN 1205- AB42 for this rulemaking. Receipt of submissions, whether by U.S. Mail or e-mail, will not be acknowledged. Because DOL continues to experience occasional delays in receiving postal mail in the Washington, DC, area, commenters are encouraged to submit comments via e-mail.
Comments will be available for public inspection during normal business hours at the address listed above for mailed comments. Persons who need assistance to review the comments will be provided with appropriate aids such as readers or print magnifiers. Copies of this proposed rule may be obtained in alternative formats (e.g., large print, Braille, audiotape, or disk) upon request. To schedule an appointment to review the comments and/or to obtain the proposed rule in an alternative format, contact the Division of Foreign Labor Certification at (202) 693-3010 (this is not a toll-free number).

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).

Questions And Answers For ILW.COM's Seminar
"PERM 2006: Getting Your Cases Approved In The Year Of The Dog"
[changed Ed. 07/19/2006]


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 can also do some "digging" in her background...why does she want the job? There is a shortage of special ed 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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About The Author

Joel Stewart, et al. are the speakers for the PERM 2006: Getting Your Cases Approved In The Year Of The Dog seminar.

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