Success Story of the Week – EI

Success Story of the Week – EIGHT PERM APPROVALS! By: Beth Robertie, Esq. As many of our readers probably know, PERM is the new procedure for labor certification cases, and has caused many immigration practitioners headaches. At FAN, FITZPATRICK & THOMPSON, LLP, however, we are enjoying a strong measure of success in our PERM filings, thanks in part to the cooperation of our clients and the hard work of our staff and attorneys. Just this week, we had more than eight PERM approvals, in occupations such as Optical Scientist, Bioinformatician, Montessouri Kindergarten Teacher, Mechanical Engineer, and Programmer Analyst, just to name a few. Our sincere thanks and congratulations go out to our PERM clients for their cooperation through this process – your efforts paid off and were invaluable in getting your petitions approved! For those of you considering filing a labor certification, there are several issues that you should think about before beginning the process. Planning and forethought before filing your PERM application can go a long way in getting PERM approvals. First and foremost, it is important to fully discuss your qualifications and employment conditions with your attorney before beginning the process, so that your attorney can put together the best strategy before filing. Without full disclosure, your attorney is unable to guide you and your employer in a way that will lead to a successful outcome for you both. Another important consideration is the PERM required recruitment. It is very important that your attorney artfully and effectively compose and post advertisements to satisfy the recruiting requirements of PERM so as not to attract unqualified or ineligible workers to the position. The regulations require that job requirements in the recruitment must be the actual minimum requirements for the position. You must be able to justify each requirement in relation to the job deion. Requirements other than those essential to perform the job duties in a reasonable manner will be considered unduly restrictive by the Department of Labor, and, generally, will be disallowed. For a detailed deion of the specific requirements of the PERM recruiting methods, please refer to our article Get Ready for PERM. The recruitment process, which must be completed prior to filing the labor certification with the Department of Labor (DOL), can take anywhere from several weeks to several months, but DOL requires that all recruitment take place in the period consisting of 30 to 180 days before filing. Common problems/issues in PERM filings include those related to the prevailing wage, experience gained on the job, education level required, and special requirements. A good attorney will work with you to resolve any problems early in the process, but a successful outcome requires cooperation by both the applicant and the employer. ____________________________________________________________________________ As all immigration matters are unique, should you have any questions on this matter or any other immigration matter, please contact an immigration attorney to assess your case. http://www.fan-law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm Street, Pasadena, CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]