PERM The United States Department of Labor

News & Analysis as of

A Modern Makeover for the PERM Program

The U.S. Department of Labor’s (DOL) electronic permanent labor certification system (PERM) as we know it has been in existence for the past 10 years. This year, the Office of Foreign Labor Certification (OFLC) is expected to...more

Waiving Home Residency Requirements for Qualified Foreign Physicians

The United States is facing a monumental physician shortage. According to The Washington Post, our aging population may need as many as 90,000 additional physicians by 2025. In an effort to ameliorate the problem and...more

A Preview of Business Immigration in 2016: Modernizing PERM (Part 6/6)

A Brief History of PERM - 2015 marked the 10th anniversary of the implementation of the Program Electronic Review Management (“PERM”). The regulations, first published in 2014, govern the labor certification process for...more

BALCA: Error Caused by Deficient PERM Form Not a Proper Reason for Denial

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

DOL Refuses to Forgive Clerical Error on PERM Application

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

A Potential Federal Government Shutdown: The Immigration Implications for Employers

Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were...more

Another Potential Federal Government Shutdown: Consequences for Immigration Application Processing

Congress is currently at a budget standoff that threatens to shut down the federal government for the second time in two years, effective September 30, 2015 at midnight, the start of the new fiscal year. As with the last...more

Government Shutdown Possible: Immigration Delays

If Congress is unable to arrive at an agreement on the 2016 federal budget, the Federal government may shut down, resulting in the suspension of some immigration services. Immigration functions that are funded by user fees –...more

Individuals Matched to a Job Order Not “Applicants” for Purposes of PERM

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

Technical Problem Affects PERM Filings

A technical “glitch”, the result of a software update implemented by the U.S. Department of Labor (“DOL”) on September 1, 2015, prevented some employers from filing PERM applications later in the month. According to the DOL,...more

UPDATE: U.S. Department of State Alters Visa Bulletin System

In accordance with President Obama’s Executive Actions on Immigration proposed in November 2014, the U.S. Department of State (DOS) announced a new system for determining immigrant visa availability, establishing bifurcated...more

U.S. Department of State to Alter Visa Bulletin System

In accordance with President Obama’s Executive Actions on Immigration proposed in November 2014, the U.S. Department of State (DOS) is expected to announce a new system for determining immigrant visa availability,...more

Advertising Requirements in PERM—A Survey of BALCA’s Application of 20 CFR § 656.17(f)(7)

The U.S. Department of Labor’s (DOL) permanent labor certification (PERM) program requires employers to conduct specific recruiting activities to test the labor market before filing an application. The regulation at 20 CFR §...more

BALCA on Lawful Reasons for Rejecting U.S. Applicants in PERM Cases

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

PERM Denial Upheld for Failure to Submit Signed Recruitment Report

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

DOL Announces Modernization of PERM Program’s Recruitment and Application Requirements

The Department of Labor (DOL) announced it will initiate a review of the permanent labor certification process (PERM) in an effort to modernize recruitment and application requirements. DOL’s announcement comes in...more

PERM Denial Upheld for Failure to Include Free Housing Benefit in Advertisement

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

Employment Immigration FAQs

Who files an application for a work visa or employment-based green card? In most situations, the employer will file a petition with the U.S. Citizenship and Immigration Services (USCIS) seeking a work visa for the...more

DOL to Modernize Recruitment and Application Requirements for the PERM Program

Before the U.S. Department of Homeland Security (DHS) may approve certain employment-based immigrant petitions, U.S. Department of Labor (DOL) must certify that (a) there are not sufficient U.S. workers who are able, willing,...more

Obama’s Executive Actions on Immigration to Affect the Hiring and Retention of Highly Skilled Foreign Employees

The executive actions on immigration that President Obama announced in late November include a hodgepodge of new policies and directives that will impact millions of foreign nationals—both documented and undocumented—now...more

PERM FOIA Litigation Reveals DOL Directives on Business Necessity and Finite Employment

Earlier this year, as a result of Freedom of Information Request Act (FOIA) litigation, the U.S. Department of Labor released a number of documents related to the agency’s policies and procedures in processing labor...more

When Hiring a Foreign Employee May Really Be the Only Feasible Option

The Board of Alien Labor Certification Appeals of the U.S. Department of Labor (“DOL”), otherwise known as the BALCA, recently issued an employer-friendly decision that contemplates how an employer can demonstrate it is not...more

DOL Alert: New PERM Password Requirements

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign national to work permanently in the United States. The application for a labor certification is filed via the DOL’s...more

BALCA Holds That, Despite Typographical Error on ETA 9089, Audit Materials Demonstrated Compliance

Before an employer may file an application under the Permanent Employment Certification (PERM) process, it must test the labor market to ensure that there are not sufficient U.S. workers who are able, willing, qualified, and...more

BALCA Reverses PERM Denial Based on Infeasibility-to-Train

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

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