PERM Turns 10!

PERM is the first of a multi-step process for most employers who are interested in sponsoring foreign workers for US permanent residency. PERM is a form of the U.S. Department of Labor's labor certification application. This process requires an employer to test the US labor market by advertising the position and its requirements via three mandatory recruitment efforts: a notice of filing, a posting with the local state job bank, and a newspaper advertisement. If the position is a professional position, an employer must engage in three additional steps, which can be chosen from a menu of options which include advertising with a professional journal, using an employee referral incentive program, broadcasting via a radio or television advertisement, using a career fair, etc. Over the last ten years immigration practitioners have found the DOL shifting its positions on certain key questions such as what constitutes sufficient advertising and testing of the market, what language to include in advertisements, what language to include on the applications, and even what requirements are justifiable. Much of this uncertainty makes the immigration practice quite difficult even for the most seasoned practitioners.Vince has been a member of AILA's DOL Liaison Committee. AILA is an association of 13,000 immigration lawyers and professors. From this organization a handful of attorneys are appointed to serve as members of a liaison committee that meet several times a year with the DOL to address the specific issues arising out of the PERM practice. Being a member of the committee gives Vince the perspective on national trends, insight into what others have done that have worked and not worked, and the latest news straight from the DOL. Each member of the Clark Lau team, whether associate attorney or paralegal, is involved with the PERM practice at Clark Lau. Please feel free to contact us with specific questions.