Joel Stewart’s Blog
This blawg covers immigration law issues focusing especially in the labor certification process.
Author: Joel Stewart is a partner at Fowler White Burnett in Miami.
Blawg Related Categories: Immigration Law • Partner
Recent Posts from Joel Stewart’s Blog
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BALCA Puts Kellogg and PERM Back in the News
In a recent cases, BALCA issued an interesting decision based on a Kelogg analysis. In Agma Systems, LLC, 2009-PER-132, the Employer refused to put the "Magic Language" on the PERM application. The language, "Employer will…
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Interview with David Ware: PERM in time of Recession?
David Ware, a well known immigration lawyer and lecturer, will be joining our ILW teleconference on Wednesday, October 28. It starts at 2:00 p.m. and is the first of three teleconferences entitled "PERM for Experts."…
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BALCA Decides PERM Prevailing Wage Cases
I just returned from several PERM workshops and conferences, one in Puerto Rico and one in Florida, and decided to write about some recent BALCA decisions we discussed. The Board was quiet about prevailing wage…
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PERM FAQ's: The Most Frequently Asked!
Here are some PERM FAQ's that are the most frequent of the frequent. Can applications be filed by FAX? No, only on-line or by (certified) mail. Is the on-line system hard to use? No. According…
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7th Circuit: PERM Approval Valid Only180 Days
The United States Court of Appeals for the Seventh Circuit issued a decision on August 18, 2009, Durable Manufacturing Co., v. United States Department of Labor, No. 08-4122, regarding the requirement that labor certification approvals…
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BALCA Holds PERM Remands Permissible
The controversy on PERM remands has gone full circle. In the first PERM case, Healthamerica, 2006-PER-1, 2006, the Board of Alien Labor Certification Appeals held that the PERM Rule does not permit remands. The reasons…
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States Receive Federal Grants to Process PERM Applications
Have you ever wondered about the separation between State and Federal Governments in the context of PERM applications? PERM is a federal law and a federal program that occurs in the federal environment. However, the…
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PERM Workshop in San Juan, Puerto Rico on September 24, 2009
I will be in San Juan on September 24 giving an all-day workshop to the AILA group in Puerto Rico. The syllabus of the workshop is the following: PERMWorkshop September 25, 2009 Session 1: Mechanics…
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PERM Definition: "Closely Held Corporation"
The instructions to Form 9089 state that "Closely Held Corporations are corporations that have relatively few shareholdersrs and whose shares are not generally traded in the securities market." The question that appears on Form 9089…
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File PERM on Time Despite Problems with On-Line Registration
A recent BALCA decision illustrates the problems that some Employers have registering on-line to use the electronic filing system. Sometimes it just doesn't work! Efforts to correct errors or bugs by e-mailing DOL, writing letters,…