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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PERM: Who Can File for What?
The PERM process varies according to the type of job for which the Employer is seeking certification. 1. There is a basic process described under 20 CFR 656.17 which is used for most PERM applications.…
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Second Preference without PERM
As we explained last week, 2nd preference applies not only to aliens with advanced diplomas, but also to aliens of exceptional ability, as defined by DHS regulations. While an approved PERM case is normally required,…
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PERM in the Fast Lane
This weekend while mapping out some PERM applications, I took into consideration the fact that the third preference is unavailable, and will probably not be available for years to come. The third preference is used…
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About PERM Disbarment
The original PERM Rule included a provision for disbarment, which stated that disbarment would occur for purposes of PERM if a person was disbarred elsewhere, by another government organ, but PERM itself had no mechanism…
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BALCA on SWA Wage Determinations
BALCA has ruled that an employer may not substitute a self-generated wage determination for one properly determined by the State Workforce Agency. See King's Garden 1 Chinese Restaurant, Inc. 2008-PER-228, April 13, 2009. It is…
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How NOT to Predict Success in a PERM Case!
Many times employers ask what the chances are for an PERM application to be approved. The question is normal in the business world where percentage estimates for gain or loss are widely used in planning…
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Update: How to Substitute a New Employer in a PERM Case
First, I would like to thank Christian S. Allen, Esq., who wrote an article on this topic for the PERM BOOK II. I have written a blog article about this topic before, however, since I…
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Can Aliens Appeal Denials of PERM Applications?
Our colleagues, Gary Endelman and Cyrus Mehta, wrote a comprehensive article addressing appeal issues in PERM cases. David Pakula, Michael Piston, and Sam Udani were also cited for their extensive input. The article, called "What…
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The phrase "Prevailing Wage" is a Term of Art & a Wage Calculation
When people think of the prevailing wage, they usually have a specific dollar amount in mind, where the prevailing wage is a concept expressed in digits, not in words. However, the Prevailing Wage is also…
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Minimum Requirements for 2nd Preference Petitions
I received an interesting comment to last week's blog entry. If you haven't read the entry, please take a quick look, and then continue reading this entry. We were talking about the interplay between Job…