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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Rohit Turkhud on Experience Gained on the Job
Rohit wrote an article for the PERM BOOK II entitled, "Actual Minimum Requirements and Experience Gained on the Job." Gary Endelman's article also addresses this issue, on a policy level. Gary's message to the Bar…
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What constitutes a legal full-time job in the U.S.?
We are reminded that the regulations require that PERM applications be presented only for full-time jobs. The definition of full-time, long elusive, depends on the jurisdiction, the profession, industry standards, and the opinion of government…
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Should PW Processing be Moved from the SWAs to ETA?
At last week’’s ILW Teleconference on PERM, I posed a question which resulted in a lively debate by the guest speakers, especially by David and Michelle. David is a former SWA worker in New York…
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Fragomen Complaint in Federal Court
The Fragomen firm filed a lengthy complaint which is now available on ILW.COM. It includes two lengthy documents. The first, more than 60 pages, is titled, "Nature of the Action." The second, more than 90…
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Lawsuit Filed Against DOL
In the next chapter of the DOL - Fragomen controversy, the firm of Fragomen, Delrey, Bernsen & Loewy, P.A., has filed a suit against DOL to prevent interference with its attorney-client relationship. in actual fact,…
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Experience Gained on the Job!
One question that has become critical is the possibility to use experience gained on the job, especially with applications directed toward 2nd preference. You will recall that the requirement for 2nd preference is an advanced…
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Who has the burden of proof?
656.1(a) Statutory Burden of Proof (Section 212(a)(5)A) of the INA). Most lawyers do not realize that the statutory mandate clearly places the two main burdens of proof squarely on the shoulders of the Secretary of…
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PERM Determinations Valid for Local Area
During the PERM Workshop in Vancouver, one of the participants suggested that an application could be prepared so as to extend its validity beyond the place of recruitment. Practitioners will remember that prevailing wage and…
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Prevailing Wage Requests
In case you haven't noticed, prevailing wage requests for PERM cases in New York State are now centralized and filed in Albany, instead of various offices in the state. The new form is on the…
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DOL Instruction to Attorneys
I'm sure the readers of this Blog know that most of the nation's immigration lawyers went to attend the AILA Conference in Vancouver, BC. While at the conference, many of the lawyers there were concerned…