Green Card

Facebook Settles PERM Dispute with the US Department of Justice

Facebook, Inc. and the United States Department of Justice entered into a settlement agreement on October 19, 2021. The agreement relates to allegations that Facebook has discriminated against U.S. workers by preferring visa workers for certain jobs over qualified, available U.S. workers in the PERM labor certification process. If true, that practice is a clear…

Immigrant Visa

PERM Degree Equivalency Issues: An Introduction

This is one of a multi-blog series about degree requirements and equivalency in PERM Labor Certification. Additional PERM information is available on our website. PERM Overview A U.S. employer that wishes to sponsor a foreign national employee for a permanent position must usually establish that there are no qualified U.S. workers to fill the position….


BALCA Rules on Training New Workers

A judge for the Board of Alien Labor Certification Appeals (BALCA) recently ruled on an interesting case related to the burden employers face trying to prove the hardship related to training a new employee. It is yet another instance where experienced representation must be present when maneuvering the permanent labor certification (PERM) process. Background In…

Immigrant Visa

Specific Vocational Preparation (SVP) for PERM Labor Certification

The Specific Vocational Preparation (SVP) system plays a critical part in PERM Labor Certification and is the basis by which DOL may challenge an excessive job requirement by the employer in PERM Labor Certification filings. It is critical to gain a full understanding of the PERM certification in order to understand PERM Labor Certification filing.  What…

Immigrant Visa

PERM Labor Certification: BALCA Reverses Denial of Certification

Generally in response to a Department of Labor PERM Labor Certification audit, the employer must provide specific documents that show that the proper recruitment steps were followed. If certain supporting documentation is missing, the Certifying Officer (CO) may deny certification, unless the attorney can show that the recruitment steps were actually followed and not including the supporting…

Immigrant Visa

PERM Labor Certification: Improper Job Ad Leads to Denial

If the newspaper advertisement being used for a PERM Labor Certification contains language that certain requirements are “preferred,” the certifying office (CO) officer will properly assume that “employer preferences are actually job requirements.” Unless these requirements are included in the PERM application, the CO will properly deny the application. An example of this issue is…