ABIL-Immigration-Updates
FOLLOW ABIL
  • U.S. Blog
  • Global Blog
  • ABIL Home
  • ABIL Lawyers
  • News & Articles
  • More Immigration Blogs
    • ABIL Lawyers' Blogs
    • Immigration Blog Aggregator
  • Contact Us

7 Points To Remember Regarding Resume Review In The PERM Process

4/24/2017

0 Comments

 
by Cora-Ann Pestaina, Partner with ABIL member, Cyrus D. Mehta
The Insightful Immigration Blog


The employer’s review of resumes received from applicants continues to be one of the trickiest issues in the PERM labor certification process. The process might seem straightforward enough because, after all, employers filing PERM applications are likely quite used to evaluating resumes from applicants. But such thinking is probably where the first wrong step is taken. I last blogged on this issue on December 2012 and my blog entitled, Resume Review in the PERM Process is still very relevant. However, I find that this issue continues to be a problematic one and worthy of a follow up.  Improper resume review continues to be one of the Department of Labor’s (DOL) most popular reasons for PERM denials.

By way of background, under the Immigration and Nationality Act, the DOL has a statutory responsibility to ensure that no foreign worker is admitted for permanent residence based upon an offer of employment absent a finding that there are not sufficient U.S. workers who are able, willing, qualified and available for the work to be undertaken and that the admission of such worker will not adversely affect the wages and working conditions of U.S. workers similarly employed. INA §212(a)(5)(A)(i). The DOL fulfills this responsibility by determining the availability of qualified U.S. workers before approving a permanent labor certification application and by ensuring that U.S. workers are fairly considered for all job opportunities that are the subject of a permanent labor certification application.  Accordingly, the DOL relies on employers who file labor certification applications to recruit and consider U.S. workers in good faith.  Under 20 C.F.R. §656.10(c), the employer must certify that U.S. workers who applied for the job opportunity were rejected for lawful job-related reasons. While the DOL has indicated that good faith recruitment requires that an employer’s process for considering U.S. workers who respond to certification-related recruitment closely resemble the employer’s normal consideration process, operating under this belief will most likely lead to problems.  I have always found that it is infinitely more effective to counsel the employer not to consider PERM as resembling any type of real world recruitment process whatsoever.

Review of the Board of Alien Labor Certification Appeals (BALCA) is a good place to stay up to date on the DOL’s reasoning on any PERM issue. Based on recent BALCA decisions, here are 7 points regarding resume review that are worth discussing with the employer at the outset of the PERM process, even before the job duties and requirements are finalized and the advertisement is drafted.

1.   Be certain that use of the Kellogg language is warranted and reflective of the actual   minimum requirements for the offered position.

2.   An applicant cannot be rejected simply because their cover letter or resume clearly states that they are seeking a completely different position.


In Global Teachers Research and Resources, Inc. 2015-PER-00396 (March 30, 2017), the employer’s job requirements for the position of Elementary Teacher were a Bachelor’s degree in Elementary Education and 60 months of experience in the job offered.  In addition, the qualified applicant also had to demonstrate eligibility for a Georgia Teaching Certificate. In section H.14 of the ETA Form 9089, the employer had also listed, “Employer will Accept any Combination of Experience, Training or Education.” This is commonly referred to as the Kellogg language based on Matter of Francis Kellogg, 1994-INA-465 (Feb. 2, 1998) (en banc).

After reviewing the employer’s response to an audit, the DOL denied the PERM application finding that the employer failed to properly consider one applicant who possessed a Master’s degree in Education/Special Education, 60 months of experience and a GA teaching license. The Certifying Officer (CO) reasoned that since the employer had indicated “Employer will Accept any Combination of Experience, Training or Education” then the employer had to consider the applicant even if she did not have a degree in Elementary Education. Oftentimes, an employer will insert the Kellogg language on the ETA Form 9089 when it is totally unnecessary. It is important to remember that this is specific language that is only required on the ETA Form 9089 when the foreign national qualifies for the offered position only on the basis of the employer’s alternative requirements. In addition, Federal Insurance Co., 2008-PER-00037 (Feb. 20, 2009) held that the failure to include this language was not fatal as there is no space on the form for such language. Some employers recall receiving PERM denials due to lack of this language prior to the decision in Federal Insurance and, not fully comprehending the issue, they feel better to just include it. It is therefore very important to discuss the meaning of the Kellogg language with the employer and whether the insertion of this language would reflect the employer’s true minimum requirements for the offered position.

The employer in Global Teachers Research and Resources filed a request for reconsideration and argued that the applicant had clearly indicated on her resume that she was seeking employment as Special Education Teacher and that this information prevented them from actually considering applicant for the offered position. However, BALCA held that since the Applicant had applied for the Elementary Teacher position and since it would be illogical for a person to apply for a position in which they were not interested, the employer was obligated to give the application due consideration. Citing a long list of precedent decisions which would make for required reading, BALCA held that an applicant is presumed to be interested in a job for which he or she applies.

3.    Be careful of rejection for lack of an unstated, “inherent” requirement.

4.    Even if an applicant may lawfully be rejected for various reasons, always list ALL   reasons for rejection in the recruitment report.


 In Matter of Los Angeles Unified School District, 2012-PER-03153 (Jan. 23, 2017) the employer recruited for the position of “Teacher, Special Education” for which it required a Bachelor’s degree in any field, a valid California Education Specialist teaching credential, and no training or experience.  After two audits, the PERM application was denied because the employer rejected an applicant finding that the applicant failed to meet the minimum requirements for the offered position because the applicant had a below satisfactory performance evaluation on her most recent student-teaching assignment.

The employer requested reconsideration and, listing several pre-PERM administrative law decisions, argued that some qualifications are simply inherent and need not be expressly stated in the job description. The employer argued that the ability to “teach special education classes competently” is one such inherent requirement that need not be expressly stated. The employer also pointed to a negative confidential reference from the applicant’s most recent teaching assignment.

BALCA dismissed all of the administrative law decisions as non-binding and stated that the PERM program demands strict compliance with the regulations which require that the job requirements described on the ETA Form 9089 represent the employer’s actual minimum requirements for the offered position. BALCA found it debatable whether one negative performance evaluation over the course of a career could demonstrate a lack of competency. But ultimately, since nothing in the employer’s stated minimum requirements indicated that an applicant cannot have a negative performance evaluation or a negative reference of any kind, BALCA found the rejection of the applicant to be unlawful. Basically, any qualification that can form the basis of a rejection ought to be listed in the advertisement. If it is not, then it cannot be used as the basis for a rejection.

However, this decision does not make sense as every inherent skill cannot be listed in the advertisement, the ability to speak English, being the prime example. There are a line of cases to support this proposition. See Ashbrook-Simon-Hartley v. McLaughlin, 863 F.2d 410 (5th Cir 1989), Matter of Ron Hartgrove, 1989 BALCA Lexis 6 (BALCA May 31, 1989), Matter of La Dye & Print Works, 1995 BALCA LEXIS 59 (BALCA April 13, 1995).

In its appellate brief the employer had also tried to insert a new argument that the applicant was also not qualified because she did not have the required teacher credential. The employer stated that it did not initially consider this but that is nevertheless a basis for rejection. BALCA dismissed this evidence finding that its review is restricted to timely submitted evidence that was part of the record when the CO made his decision. It is therefore very important that an employer conduct a complete review of each applicant’s qualifications and list each and every lawful reason for rejection of any applicant. In the instant case, despite the employer’s rejection for lack of what it considered to be an inherent requirement, if the employer had also lawfully rejected the applicant for lack of the teaching credential and demonstrated that the applicant indeed lacked the credential, the PERM might not have been denied.

5.     Never put the duty to follow up on the applicant.

Matter of Unisoft International, Inc. 2015-PER-00045 (Dec. 29, 2016) is a supervised recruitment case.  The offered position was that of Network Administrator. The employer’s PERM application was eventually denied for four reasons but only reason number 4 regards resume review. Essentially, the CO found that the employer did not conduct a good-faith recruitment effort because the employer sent out a form letter to each of 20 applicants. This letter stated, “After a preliminary review of your resume, we have determined that you do not have a few of the desired skills we are looking for including experience with MCP and SPO for OS2200.” Putting the onus of additional communication on the applicant, the letter then stated, “Please contact us immediately to schedule an interview if you do have these qualifications.” The CO found that the employer had failed to “intensively” recruit and had not sufficiently established that there were no US applicants who were able, willing, qualified and available to perform the work.

BALCA pointed to case law which held that an employer may lawfully reject an applicant when the resume is silent on whether he or she meets a major requirement such as a college degree. However, when the qualification is something a candidate may not indicate explicitly on his or her resume though he or she possesses it, the employer carries the obligation to inquire further whether the applicant meets the requirements.  BALCA found that the employer had rejected these 20 candidates because they did not list a subsidiary requirement on their resumes and the employer had an obligation to inquire further. The employer’s letter to these 20 applications did not fulfill this obligation because it placed the responsibility of following up and requesting an interview on the shoulders of the applicants.  Moreover, BALCA found that the employer failed to inquire whether there were any available training options for these candidates especially for two candidates who the CO identified as already possessing networking experience. BALCA found that the employer’s letters to the candidates were perfunctory and not made in good faith.

This case displays another strong example of how resume review in the PERM process does not resemble resume review in the real world. In the real world, an applicant is expected to demonstrate his or her actual interest in the offered position. In the real world, putting the onus of additional communication on the applicant could very well be a test of the applicant’s dedication and interest. No so under PERM. In the PERM process, the employer has to understand that it must bend over backwards to ensure that it has done everything in its power to fully determine whether an applicant is qualified for the offered position notwithstanding that applicant’s failure to respond to a telephone call (email and then send a certified letter); that applicant’s lack of awareness of who the employer is or of the offered position (the employer must now inform them again!);  or that applicant’s request to be contacted at a later time (the employer must comply!).
6.     Over qualification is never a lawful reason for rejection.  

7.     An applicant may be rejected based on their unwillingness to accept the salary only if the employer can show that the employer offered the position to the applicant at the listed salary and the applicant then refused to accept the position.

BALCA has long held that an employer may not reject a US worker applicant based on a belief that the applicant is over qualified for the position. This is still one rejection reason that almost all employers instinctively want to use. And again, this is where the PERM process breaks away from the real world. It is hard for most employers to comprehend why the DOL would require that they classify as qualified, an applicant who clearly would be taking a “step down” because their qualifications indicate that they are qualified for a higher level position. Employers feel that such applicant use lower level positions as a stepping stone. However, BALCA has always held that such applicants are qualified to perform the core job duties. See Bronx Medical and Dental Clinic, 1990-INA-00479 (Oct, 30, 1992) (en banc) and most recently, Kohn Pedersen Fox Associates PC, 212-PER-02772 (Nov. 25, 2016).

Also in Kohn Pederson Fox Associates, the employer, having advertised listing the offered salary, then rejected applicants who applied for the position requesting a higher salary. While the employer’s reasoning here makes real world sense, BALCA held that an employer may reject a qualified US applicant as unwilling to accept the position at the offered wages only if the position was actually offered to the applicant and the applicant refused to accept the position at the offered wages.  The employer must have documentation of the offer and refusal.

Overall, employers must always bear in mind that the DOL serves to protect the interests of the US worker. Accordingly, while the real world may be a dog eat dog world where one typo can cause an applicant’s resume to quickly hit the trash, in the PERM world, applicants must almost be cuddled. The employer must set aside all normal reasoning; all normal industry expectations; all expectations that a US worker applicant can understand basic things like a requirement for 2-3 years of experience means that 2 years would be acceptable. The employer must consider what is in the best interest of the US worker applicant and ensure that it has sufficiently described the offered position and all its requirements to fully apprise the US worker of all he or she needs to know in order to determine whether to apply for the position. Once that application has been received, the employer is obligated to examine every aspect of that applicant’s qualification; to reach out to that applicant using multiple forms of communication if the most convenient form fails; to verify that the applicant, though lacking in a certain requirement cannot be trained within a reasonable time; and to remember, above all else, that the employer is never supposed to seek the “best” candidate for the position, but rather, must consider a candidate qualified if he or she even barely meets the stated minimum requirements.


0 Comments

BALCA, What Have You Been Up To So Far in 2015?

8/11/2015

0 Comments

 
by Cora-Ann Pestaina, Associate with ABIL member, Cyrus D. Mehta
The Insightful Immigration Blog


I’m sure all PERM practitioners would agree that it’s always good (in fact necessary!) to check in with the Board of Alien Labor Certification Appeals (BALCA). One never knows what issues BALCA will comment on next and as we navigate those often treacherous PERM waters, we need all the help we can get! Here are a couple of recent BALCA tidbits.

BALCA applies Matter of Symantec

In Computer Sciences Corporation, 2012-PER-00642 (Jul 9, 2015) the Certifying Officer (CO) denied the PERM on the grounds that the Employer’s inclusion of the language, “Willingness to travel; may require work from home office” in its recruitment advertisements posted on its website and on a job search website, constituted terms and conditions of employment that exceeded those listed on the ETA Form 9089 in violation of 20 C.F.R. §656.17(f)(6).

As background, employers recruiting under PERM for a professional position must complete the mandatory recruitment steps required by 656.17(e)(1)(i) as well as three additional recruitment steps provided in 656.17(e)(1)(ii).

The Employer’s advertisements posted on its website and on the job search website were in satisfaction of two of the three required additional recruitment steps. In reversing the CO’s decision, BALCA simply cited its en banc decision in Symantec Corp., 2011-PER-1856 (July 30, 2014) which I previously blogged about in greater detail here, and held that 656.17(f) does not apply to additional forms of recruitment. The Employer dodged a bullet here.

BALCA finds that Employer’s letter was within the record and can be considered on appeal

Once a PERM is denied, if the Employer files a motion for reconsideration, under 656.24(g)(2), this motion can only include (i) documentation that the Department actually received from the employer in response to a request from the CO to the employer; or (ii) documentation that the employer did not have an opportunity to present to the CO, but that existed at the time the PERM was filed and was maintained by the employer to support the PERM application in compliance with 656.10(f).

In New York City Department of Education, 2012-PER-02753 (June 19, 2015), the CO first denied the PERM application on the grounds that the Employer failed to provide a recruitment report that accurately accounted for the number of applicants for the job opportunity. The Employer filed a motion for reconsideration arguing that it properly accounted for all applicants. The CO, ignoring this request for reconsideration, issued a second denial letter, finding that the Employer did not provide job-related reasons for its rejection of US workers. Based on the documentation the Employer had submitted with the audit response, it appeared that US workers were rejected because they expressed disinterest in the position but the CO also reviewed the Employer’s interview notes that stated the candidates were available “immediately” or “soon.” The Employer filed a second motion for reconsideration explaining, not only that the CO cannot ignore the first motion and issue a second denial, but, moreover, that it had indeed lawfully rejected the US workers. Along with its motion the Employer provided a letter from its Executive Director explaining the company’s interview process and the fact that the Employer made the determination to reject the applicants after they expressed their disinterest at a second interview.

Since the Employer failed to properly explain its interview process and reasons for rejection in its audit response, BALCA found that the CO was justified in his denial of the case. However, in forwarding the case to BALCA, the CO acknowledged the letter that the Employer submitted along with its second motion explaining its hiring process. The CO did not refuse to accept it on the grounds that it was barred under 20 CFR 656.24(g)(2). Under that regulation, since the Employer’s had previously had a chance to submit this letter with its audit response but did not and since this letter was not documentation that existed at the time the PERM was filed, the CO would have been justified in refusing to accept it. But since the CO did not, the letter became part of the record that BALCA had to consider upon appeal. With the letter fully explaining the Employer’s interview process, BALCA had no choice but to find that the US workers had been lawfully rejected.

The take away from this case is how important it is to fully respond to an audit request. Had the CO rejected the Employer’s letter, the denial would have been upheld.  As BALCA pointed out, the CO’s audit letter very clearly requested a report that lists the date(s) the employer contacted the US worker; the dates the employer interviewed the US worker; the specific reasons the US worker was rejected; and information that documents the employer contacted the applicant(s). In its audit response, the Employer failed to provide this detailed information.

BALCA held that an original signature is not required on the recruitment report but the report must be signed

In another case involving New York City Department of Education, BALCA upheld the denial of three PERMs finding that the typed name of the Executive Deputy Director at the bottom of the recruitment report did not constitute a valid signature. The CO had denied the Employer’s PERM after audit for failure to submit a signed report as required under 656.17(g)(1). The Employer, in its request for reconsideration, explained that it had a physically signed recruitment report in its audit file and this report, due to administrative error, simply was not included in the audit response. The Employer alternatively argued that the regulations do not require a handwritten signature and the typed name of the Employer’s Deputy Executive Director was satisfactory.  The CO transferred the file to BALCA where each of the Employer’s arguments were shut down.

BALCA held that the fact that the Employer had a physically signed copy of the recruitment report speaks to the fact that the typed name on the bottom of the report submitted with the audit response was not intended to be a signature. The Employer argued that “original signatures” are not required. BALCA agreed that 656.17(g)(1) does not require an original signature but again stated that the typed name on the bottom of the report was not intended to be a signature – original or otherwise. The Employer argued that fundamental fairness ought to prevail as it had only failed to submit the physically signed report due to administrative error. BALCA held that the Employer had been given an opportunity to submit the signed report with the audit response and failed to do so. Finally, the Employer argued that each statement in the recruitment report was verified by other documentation submitted with the audit response and therefore the omission of the physically signed report was immaterial. BALCA, using one of its favorite quotes, held that “PERM is…an exacting process.” Essentially, because a signature is a regulatory requirement under 656.17(g)(1), then there must be a signature, no matter how unfair it may seem in light of all the facts of the case.

It’s really a shame whenever something so simple and unintended leads to a PERM denial or in this case, three PERM denials. But it highlights the importance of checking and rechecking an audit response before it is submitted and the importance of having, if possible, more than one pair of eyes review the response prior to submitting it. PERM can be a very unforgiving process.

BALCA says US workers can be lawfully rejected for “lack of experience”

In Presto Absorbent Products, Inc., 2012-PER-00775 (May 26, 2015), the CO denied the PERM finding that the Employer failed to provide lawful reasons for rejection. The Employer’s recruitment report stated that the Employer received eight resumes and that the applicants lacked experience. The Employer also stated that “All applicants were reviewed to determine if they would be able and qualified to perform the duties of the position within a reasonable amount of on-the-job training. All applicants were determined not to have been able and qualified for the position even with a reasonable amount of on-the-job training.” BALCA held that the regulation does not indicate a level of specificity beyond what the Employer provided and that “lack of experience” is a lawful reason for rejecting applicants.

While it is indeed heartening anytime BALCA errs on the side of reason, I don’t think PERM practitioners ought to rely too heavily on this decision and it’s always best to be as specific as possible in providing the reasons for rejection of US workers. For instance, instead of “lacks the technological experience” it would be clearer to state, “lacks experience in the required technologies such as C++, Java & PL/SQL” and instead of “lacks experience” it might be better to say “applicant possesses only 2 years of experience but the position requires 5 years of experience.” Even if it may appear silly to have to spell out the obvious, it might be valuable time and money saved by preventing an erroneous denial.

BALCA comments on newspaper circulation and distance to the area of intended employment

In Pentair Technical Products, 2011-PER-01754 (Aug. 5, 2015), the Employer used the San Antonio Express newspaper (the “Express-News”) for its first Sunday newspaper advertisement to recruit for a professional position in Pharr, Texas. The CO denied the PERM on the grounds that the Express-News is circulated in San Antonio, Texas and not in the area of intended employment – Pharr, Texas.

Under 20 CFR § 656.17(e)(1)(i)(B)(1), one option for an employer’s mandatory print advertisements for a professional position is “[p]lacing an advertisement on two different Sundays in the newspaper of general circulation in the area of intended employment most appropriate to the occupation and the workers likely to apply for the job opportunity and most likely to bring responses from able, willing, qualified, and available US workers.”

In a motion for reconsideration, the Employer argued that the Express-News is circulated in Pharr, Texas. The Employer argued that it chose the Express-News as it is the largest newspaper with general circulation in Pharr in order to reach the largest number of US workers. The Employer’s attorney also argued that he had personally contacted the Express-News and a representative at the newspaper had verified that the paper is circulated in Pharr, Texas. The CO nevertheless found that his denial was valid because San Antonio is four hours away from Pharr, well outside commuting distance and so the Employer had failed to advertise in the area of intended employment.

BALCA found that the issue of whether or not San Antonio is outside normal commuting distance from Pharr is relevant only if the Express-News were only available in San Antonio and not in Pharr. However, the record established that the Express-News is a newspaper of general circulation in Pharr. Accordingly, the fact that it is published in San Antonio is of no legal consequence.

BALCA pointed out that when a single area of intended employment is served by multiple newspapers, the CO ought not to be concerned with which paper reaches the most people but rather with whether the newspaper reached the intended audience and is a “newspaper of general circulation in the area of intended employment.” As an example, BALCA stated that if Trenton, NJ is the area of intended employment, whether The New York Post is more “appropriate” than The Trenton Times because it has more readers is irrelevant and there is nothing in the regulations that requires an employer to utilize the newspaper with the highest circulation in the area of intended employment or the newspaper published closest to the area of intended employment.

At first look, the case appears to be very encouraging. As long as the newspaper reaches its intended audience, all is well. Not so fast. This is another one of those cases where BALCA’s decision is expressly limited to the precise facts of the case. BALCA takes time to point out that in this case the CO did not deny the PERM based on a finding that the Employer had failed to utilize the “most appropriate” newspaper. The only issue raised in the denial was whether the Employer placed a newspaper advertisement in the area of intended employment so that is the only issue that BALCA has addressed. As to whether Express-News was the newspaper “most appropriate” to the occupation for which the Employer was recruiting, we will never know.

It can be very difficult for employers to decide where to advertise. This case answers the question of whether it is permissible to advertise in The New York Times for a position in New Jersey. Yes, it is permissible because The New York Times is a newspaper of general circulation in New Jersey. But this case does not provide any guidelines for an employer struggling to determine which newspaper is “most appropriate.” For instance, in recruiting for a professional position in New York City, how does an employer decide between The New York Post vs. The New York Times? It is significantly more expensive to advertise in The New York Times and so an employer may not want to do that unless that newspaper is the only newspaper that would be permissible under the regulations. What statistics would that employer need to examine? Should that employer just assume that The New York Times is the newspaper most read by professionals and therefore The New York Times will always be “most appropriate” in recruiting for any professional position? In a footnote, BALCA mentioned that the Employer utilized The Monitor as the newspaper for the second Sunday advertisement and that this was not challenged by the CO. BALCA pointed out that the regulations refer to “newspaper” in the singular in requiring advertisements to be placed “in the newspaper of general circulation in the area of intended employment.” BALCA commented that the regulations do not appear to contemplate a situation where more than one newspaper is circulated in the area of intended employment and the newspapers are equally appropriate given the employment at issue and the workers likely to apply for the job. BALCA conveniently declined to comment on that issue. So while it is great that employers can choose any newspaper as long as it is one of general circulation in the area of intended employment, employers need to remain concerned about ensuring that the paper chosen is the “most appropriate” paper and it’s probably just best to use the same paper for both of the Sunday ads.

These recent cases highlight the “little” things that can lead to a big denial of a PERM. Just reading these cases creates heightened awareness of potential issues and naturally leads to better and more focused reviews of documentation prepared during the PERM process and documentation submitted to the Department of Labor.
0 Comments

BALCA on the Home Office Option

9/23/2013

0 Comments

 
by Cora-Ann Pestaina, Associate with ABIL member, Cyrus D. Mehta
The Insightful Immigration Blog

It’s time for another lesson, courtesy of BALCA (Board of Alien Labor Certification Appeals).  In a November 2010 blog entitled PERM AND THE ROVING EMPLOYEE I discussed different types of roving employees and the existing BALCA or DOL (Department of Labor) guidance on how recruitment for these types of positions ought to be conducted. I raised the question, “What should the employer do when the employee works from home in a location that is different from the employer’s headquarters?” and stated “[this] less common issue of the home office has not yet been the subject of a BALCA decision.”

In an October 2011 blog entitled, BALCA SAYS THERE IS NO NEED TO LIST EVERY BENEFIT OF EMPLOYMENT IN JOB ADVERTISEMENTS, with still no definitive word from BALCA on the home office issue, I discussed Matter of Emma Willard School, 2010-PER-01101 (BALCA, September 28, 2011) where the DOL’s CO (Certifying Officer) had denied the employer’s PERM application because the recruitment failed to state that subsidized housing was being offered to the qualified US worker. In that case, BALCA held that there is no obligation for an employer to list every item or condition of employment in its advertisements and listing none does not create an automatic assumption that no employment benefits exist. In my blog, I suggested that an employer whose PERM application was denied because the recruitment did not list a “work from home” benefit, might be able to argue, under Emma Willard School, that it was not required to list all benefits in its recruitment and that the choice not to list the “work from home” benefit should not serve to deter any US workers from applying for the position because US workers are savvy and well aware of the increasing flexibility offered by employers with regard to where they perform the duties of the job. While I presented an argument that could have been made after receipt of a PERM denial, readers of that blog would likely have taken away that it is certainly better to list the “work from home” benefit in all of the recruitment. BALCA has finally spoken on this issue and has made the requirement very clear.

In Siemens Water Technologies Corp., 2011-PER-00955 (July 23, 2013), the employer filed a PERM application for the position of Field Service Engineer. In all its recruitment the employer listed Houston, Texas as the location for the job opportunity and conducted recruitment from that location. The PERM was audited and in its audit response, the employer explained that the primary worksite listed on the ETA Form 9089 was the same as the foreign worker’s home address because the Field Service Engineer would be permitted to work from home and travel to various client sites as necessary. The CO denied the application because the benefit of working from home was not offered to U.S. workers.

In its Request for Reconsideration, the employer argued that there is no regulation that requires advertisements to indicate that the geographic location is a home office. The employer argued that its recruitment was properly conducted based on the Texas worksite address and in support of its position cited minutes from the DOL’s March 15, 2007 Stakeholders Liaison Meeting which read as follows:
19. If an employer requires an employee to work from home in a region of intended employment that is different from the location of the employer's headquarters (i.e. work is required to be performed in a designated county or state that differs from the employer's headquarters), please confirm that the prevailing wage determination and recruitment can take place in the location of the employee's region of intended employment. Please confirm that the notice of posting under this circumstance should be posted at the company's headquarters.

If the 9089 form shows the worksite at a designated location other than headquarters, the PWD and recruitment would be for the worksite. AILA note: This issue essentially requires a strategy decision. The PERM form can state that the worksite is the home office, in which case the PWD and recruitment can be for the area of the home office, but the fact that the worksite is the same as the foreign national’s home address will be picked up by the PERM system and the case will likely be audited. This can then be addressed in the audit response and should not be a problem, if the case is otherwise approvable. Alternatively, the PERM form can state that the worksite is the headquarters office, but then the PWD and recruitment must be done for that location.

20. In the case of a telecommuter or an employee whose location is not specific to the job, please confirm that the notice of posting, recruitment, and prevailing wage determination should be based on the location of the employer's headquarters.

Please see answer to number 19 above.
The employer argued that its recruitment did not contain any terms and conditions of employment that were less favorable than those offered to the foreign national. The CO denied reconsideration and forwarded the case to BALCA.

BALCA held that the employer’s reliance on the minutes of the Stakeholders Liaison Meeting was misplaced and stated that while the employer may indeed conduct recruitment from the location where the foreign national resides and may list the foreign national’s address as the primary worksite on the ETA Form 9089, the minutes of the Stakeholders Liaison Meeting are silent on what geographic location should be included in the advertisements in cases where the applicant would work from home. BALCA found that applicants reading the employer’s advertisements would think that they were restricted to working in Houston, Texas when, in contrast, the foreign national was given the option to work from his home which did not necessarily have to be in Houston, Texas. BALCA held that the recruitment was unduly restrictive and misleading and could have prevented potential US applicants from applying for the job. Although the CO did not cite this in the initial denial, BALCA also found that the recruitment violated 20 CFR § 656.17(f)(3) and (4) because it was not specific enough to apprise applicants of where they would have to reside to perform the job and applicants were also not informed of the travel requirement that the employer explained in its audit response.

Time and time again we see that the fact that the PERM regulations provide no guidance on a particular issue is no defense when the DOL decides that an error has been made. As practitioners, we are left constantly trying to anticipate potential novel reasons for denial. We cannot confidently rely on existing guidance but must somehow anticipate future guidance and comply with that! One of the main takeaways from this case is that, as a rule of thumb, it’s a good idea to include in the recruitment any unusual benefit that will be given to (e.g. work from home, subsided housing) or requirement that will be asked of (e.g. travel, relocation, mandatory week-end employment) the qualified candidate for the offered position.
0 Comments

Will the New Labor-Business Accord Produce an Immigration Death Panel?

2/24/2013

0 Comments

 
Angelo Paparelli, ABIL Immediate Past President
Nation of Immigrators
Picture
One of the most challenging elements of comprehensive immigration reform (CIR) has long been the need for consensus on the legal, temporary entry of essential foreign workers. This plan for "future flows" of guest workers is critical if we are to reduce the incentive of unauthorized migrants to crash the border. The lack of agreement between business and labor over guest-worker admissions, a contributing factor in the collapse of the last CIR effort in 2007, may be, however, a thing of the past.  

Last week, The AFL-CIO and the U.S. Chamber of Commerce issued a "Joint Statement of Shared Principles," offering seeming harmony on future flows in these words:


[There] are instances – even during tough economic times – when employers are not able to fill job openings with American workers. . . . [It] is important that our laws permit businesses to hire foreign workers without having to go through a cumbersome and inefficient process. Our challenge is to create a mechanism that responds to the needs of business in a market-driven way, while also fully protecting the wages and working conditions of U.S. and immigrant workers. Among other things, this requires a new kind of worker visa program that does not keep all workers in a permanent temporary status, provides labor mobility in a way that still gives American workers a first shot at available jobs, and that automatically adjusts as the American economy expands and contracts. . . 

[We] need to fix the system so that it is much more transparent, which requires that we build a base of knowledge using real-world data about labor markets and demographics. The power of today’s technology enables us to use that knowledge to craft a workable demand-driven process fed by data that will inform how America addresses future labor shortages. We recognize that there is no simple solution to this issue. We agree that a professional bureau in a federal executive agency, with political independence analogous to the Bureau of Labor Statistics [BLS], should be established to inform Congress and the public about these issues.
The prospect of an independent BLS-type bureau becoming involved is intriguing since the BLS's current mission already seems to align nicely with the task of gathering relevant job-shortage data:
The Bureau of Labor Statistics of the U.S. Department of Labor [DOL] is the principal Federal agency responsible for measuring labor market activity . . . . As an independent statistical agency, BLS serves its diverse user communities by providing products and services that are objective, timely, accurate, and relevant.
The problems with the concept, however, are many.

For one, we tried this before and it went nowhere.  In 1990 Congress commissioned DOL to set up a three-year experiment requiring a "determination . . . of labor shortages or surpluses in up to 10 defined occupational classifications in the United States . . ." [See the Immigration Act of 1990 § 122(a).]  

When the Labor Department proposed its initial list, however, all hell broke out.  Labor and business disagreed vociferously over whether the right shortage or surplus occupations had been identified.  Unable to take the heat, DOL quickly retreated and, since that time, has maintained that it lacks the data to determine shortage occupations:
Does BLS project future labor shortages or surpluses? No. The BLS projections assume a labor market in equilibrium, i.e., one where overall labor supply meets labor demand except for some degree of frictional unemployment. . . .

Furthermore, attempts by some to ascribe shortages or surpluses to our projections are based on an incorrect comparison of the total employment and total labor force projections, two separate and fundamentally different measures. . . . Users of these data should not assume that the difference between the projected increase in the labor force and the projected increase in employment implies a labor shortage or surplus.
Instead, as I've noted in previous blog posts and explained to National Public Radio's Martin Kaske on Morning Edition this week, employers burden under an artificial labor certification program, DOL's mandated testing procedure for employers to prove that a particular job cannot be filled by qualified and available American workers, is an "empty ritual":
PAPARELLI: So U.S. workers put on their suits and ties and their white shirts and they shine their shoes, and they go to the interview thinking that they have the opportunity that they've been longing for, only to be rejected.

KASTE: Paparelli calls it an empty ritual required by the Department of Labor, as it compels employers to prove a negative, to prove they can't find qualified workers. The result, he says, is pointless job interviews.
Given that DOL apparently lacks the technical data and the political courage to declare shortage occupations, the solution lies in taking the declaration out of frail human hands, as Louis D. ("Don") Crocetti, a former senior immigration official now in private consulting, suggested to me in a recent email:
[Any] Guest-Worker Program (GWP) should be driven by the labor needs of this country, not emotion, politics, or other subjectivity. These needs must be data-driven. Prior to implementing any GWP, we should develop a much better mechanism in which to determine occupational shortages. The current system is primarily paper-based, thus inefficient, ineffective, and fraud-ridden.

Thought should be given to developing a national jobs or labor data system that is engaged by all states, working collaboratively with the U.S. DOL. States should be required to enter specific labor data and employers should be required to use this system to post and recruit workers, and provide other data needed to determine the labor needs of this country in a progressive, real-time manner. This system could also be engaged to determine and administer permanent employment-based (immigrant) visas, as well as manage the issuance and use of visa numbers.
U.S. employers should not be put to the burden of recruiting for candidates in shortage-designated jobs.  A simple print-out of the screen shot from the government forthcoming database's showing the lack of workers in the occupational classification should be all that's needed for U.S. Citizenship and Immigration Services to approve an employment-based immigrant visa petition.  Thus, DOL's current PERM labor certification procedure could be eliminated.

Moreover, there should be no change in current H-1B requirements  relieving all but H-1B dependent employers and willful violators from the duty to recruit for these nonimmigrant visas.  As I explained to NPR's Martin Kaste:
These [H-1B] hires have to happen very quickly. The job imperatives that the customers impose are so time-sensitive, that [advance recruitment simply] can't work.
So let us now face the question posed in the title of this post:  

Will the new labor-business accord produce an immigration death panel?  The answer is "NO"  -- as long as political influence and hackery is kept out of the equation and algorithms digesting state- and employer-fed job openings and hiring data are allowed to produce up-to-the-minute reports of shortage occupations.  

But an economy-killing immigration death panel it will assuredly be -- a veritable Dr. Caligari's cabinet -- if instead a "bureau in a federal executive agency . . . [is] established [merely] to inform Congress and the public about these issues."

0 Comments

Resume Review in the PERM Process

12/21/2012

0 Comments

 
by Cora-Ann Pestaina, Associate with ABIL member, Cyrus D. Mehta
The Insightful Immigration Blog

Under the Immigration and Nationality Act, the Department of Labor (DOL) has a statutory responsibility to ensure that no foreign worker (or “alien”) is admitted for permanent residence based upon an offer of employment absent a finding that there are not sufficient U.S. workers who are able, willing, qualified and available for the work to be undertaken and that the admission of such worker will not adversely affect the wages and working conditions of U.S. workers similarly employed.  INA § 212(a)(5)(A)(i).The DOL fulfills this responsibility by determining the availability of qualified U.S. workers before approving a permanent labor certification application and by ensuring that U.S. workers are fairly considered for all job opportunities that are the subject of a permanent labor certification application.  Accordingly, the DOL relies on employers who file labor certification applications to recruit and consider U.S. workers in good faith.

Attorneys, agents, and foreign workers are prohibited from interviewing and considering U.S. workers during the permanent labor certification process, as described in 20 C.F.R. § 656.10 (b)(2)(i) and (ii). However, the DOL does not prohibit attorneys and agents from performing the analyses necessary to counsel their clients on legal questions that may arise with respect to this process.  The employer, and not the attorney or agent, must be the first to review an application for employment, and must determine whether a U.S. applicant’s qualifications meet the minimum requirements for the position, unless the attorney or agent is the representative of the employer who routinely performs this function for positions for which labor certifications are not filed.

The DOL has indicated that good faith recruitment requires that an employer’s process for considering U.S. workers who respond to certification-related recruitment closely resemble the employer’s normal consideration process. Yet, real world recruiting is at times impossible when the DOL sets forth “unreal” recruitment standards for employers! As an attorney who regularly counsels employers filing PERM labor certifications, I have found that one of the most difficult concepts for some employers to grasp is the resume review process and how it ought to be conducted in the PERM process.It’s hard for an employer to comprehend why they have to continue to assess an applicant who upon receipt of an e-mail from the employer, responded that he was “away” and would get back to the employer at some point in the following week; or an applicant who, when contacted, had no recollection that he had even applied for the job and needed to be informed of the job opportunity and the employer’s business; or an applicant who only listed “Software Engineer” as his experience leaving the employer unclear as to what skills he may possess. As reasons for rejection of applicants, employers sometimes state,“applicant is far too overqualified and I would never hire him for this position” or “these applicants went to foreign universities and I know they require sponsorship.” While these reasons may be acceptable in the employer’s normal consideration process, neither is a valid reason for rejection in the PERM process.Some employers become frustrated and push back. I find that I very often have to preface my comments with “We are not operating in the real world here…”

Currently, and for some time now, every PERM audit letter requests verification of the unavailability of US workers. A request for resumes and applications for all US workers who applied for the job opportunity seems to have become the standard. The DOL specifically wants to review documentation of the employer’s contact with applicants and its assessment of the qualification of applicants.Yet, other than the expectation that the employer conduct “good faith” PERM recruitment, the DOL has not issued significant guidance with regard to resume review. But it is possible to glean some information from recent decisions by the Board of Alien Labor Certification Appeals (BALCA). In particular, two specific cases, involving Supervised Recruitment, shed some light on how the DOL expects employers to conduct resume reviews.

In Matter of Goldman Sachs & Co., 2011-PER-01064 (June. 8, 2012), the employer, indicated on the ETA Form 9089 that it would accept for the position of Financial Analyst, “any suitable combination of education, training and experience,” language well-known to practitioners filing PERM applications as the Kellogg language based on Matter of Francis Kellogg, 94-INA-465 (Feb. 2, 1998) (en banc). During Supervised Recruitment, the employer submitted an expert opinion to the DOL detailing why thirty-five U.S. worker applicants had each been rejected without interview. As examples, BALCA highlighted one applicant who was rejected despite his “substantial academic business credentials” and because he did not possess “narrowly focused” experience necessary for the position and another applicant who the employer described as having “a long and varied career in accounting and financial reporting” but lacking in certain specific experience. The Certifying Officer (CO) denied the labor certification finding that the employer rejected U.S. workers for other than job related reasons. The CO specifically emphasized that the employer had indicated its willingness to accept “any suitable combination of education, training or experience” and had not taken the time to explore and evaluate the suitability of the applicants’ education, training or experience. The DOL cited 20 C.F.R. § 656.24(a)(2)(b) and stated that “where there is a reasonable possibility the applicant may meet the job requirements, it is incumbent on the employer to further investigate the U.S. applicant’s qualifications.” In its request for reconsideration, the employer argued, inter alia, that it has no duty to interview candidates who fail to show on their resumes that they satisfy the major job requirements.

BALCA held that the CO did not question the employer’s business necessity for its job requirements, but instead questioned the fact that the employer rejected without interview applicants who appeared facially qualified for the position and did not address how they were unqualified even possessing a combination of education, training and experience. BALCA upheld the CO’s denial and cited Blessed Sacrament School, 96-INA-52, slip op. at 3 (Oct. 29, 1997) which held that where the applicant’s resume shows a broad range of experience, education and training that raises a reasonable possibility that the applicant is qualified even if the resume does not expressly state that he or she meets all the requirements, an employer bears the burden of further investigating the applicant’s credentials.

The takeaway from Goldman Sachs, and the concept that can be difficult to explain to employer clients, is that regardless of how convinced the employer may be that the U.S. worker applicant is unqualified for the position based only on his resume, if there is even a hint that the applicant may appear qualified to the untrained eye of a CO, it is worth the employer’s time to interview the applicant. During an interview, the employer can zero in on the specific requirements of the offered position and better assess the applicant’s qualifications.

In JP Morgan Chase & Co., 2011-PER-01000 (Jul. 16. 2012), the employer’s requirements included “Proficiency in Excel or Access,…understanding of databases (Lotus Notes and SharePoint), must have experience liaising with a technology team to develop/update product enhancement tool, databases and work flow engines…” The CO denied the case after concluding that U.S. worker applicants had a combination of education, training and experience equivalent to the employer’s job requirements and could acquire Access and SharePoint skills while on the job.

Rather than focusing, as it did in Goldman Sachs, on whether or not the employer had a duty to interview the U.S. workers to better assess their qualifications, the key issue for BALCA was whether or not the employer’s stated minimum requirements were established as a business necessity. BALCA stated that the employer had submitted a business necessity explanation in its Recruitment Report detailing why it requires an understanding of Lotus Notes and SharePoint and why job training was not feasible; the CO did not contend that these requirements were unduly restrictive; and the resumes of the U.S. worker applicants showed that they did not have the required skills. Based on this, BALCA held that the CO cannot dismiss the employer’s stated requirements and substitute his judgment for the employer’s.

Confused much? The JP Morgan case emphasizes the importance of submitting a compelling business necessity argument in response to PERM audits. That way, if and when the employer rejects U.S. workers, the reason will be clear to the CO. But does the employer have to interview when the applicant’s resume does not list all the requirements or not? I think the clear answer is that the employer should always err on the side of interviewing the applicants. If there is even a hint of a question as to whether the applicant may appear qualified, the employer should interview. If the applicant failed to list the one technology required for the position but listed 5 similar technologies, the employer should interview. If the employer has stated that it will accept any combination of education, training and experience and the applicant has broadly listed his experience as simply “Software Engineer,” the employer should interview. While the DOL claims that the employer’s consideration of these applicants should resemble its normal consideration process, it just cannot. In normal consideration processes, the employer may utilize its judgment to reject any applicant deemed unqualified.  When it comes to the PERM process, the employer must go out of its way to demonstrate to the DOL that it has, in good faith, tried it’s best to find a U.S. worker to fill the offered position. In addition, the employer should take pains to explain in great detail, if audited, specifically why each applicant was not qualified for the offered position, providing evidence of any interviews and other communication with the applicants.
0 Comments

BALCA Clarifies DOL's Position on Proof of Publication of the SWA Job Order and Ads Placed by Private Employment Firms Under PERM

4/2/2012

0 Comments

 
by Cora-Ann Pestaina, Associate with ABIL member, Cyrus D. Mehta
The Insightful Immigration Blog

As usual, BALCA (Board of Alien Labor Certification Appeals) decisions are very important for practitioners as they offer crucial insights into how to avoid some of the pitfalls in preparing and filing a labor certification application under Program Electronic Review Management (PERM) or into what arguments can be made in response to the unfortunate receipt of a PERM denial notice. BALCA recently issued some notable decisions.

DOCUMENTATION OF THE SWA JOB ORDER
While the Department of Labor (“DOL”) is obsessed about the employer presenting proof of publication of its recruitment, BALCA recently held, in an en banc decision, A Cut Above Ceramic Tile, 2010-PER-00224 (Mar. 8, 2012), that based on the history of the PERM regulations and the plain language of 20 C.F.R. §656.17(e)(2)(i), proof of publication of the State Workforce Agency (“SWA”) job order is not required supporting documentation.

The PERM regulations at 656.17(e)(2)(i) require an employer filing a PERM application to place a job order with the SWA serving the area of intended employment for a period of 30 days. That same section of the regulations also states, “[t]he start and end dates of the job order entered on the application serve as documentation of this step.” Pursuant to 656.10(f), all documentation supporting the PERM application must be retained for five years after filing the application. 656.17(a)(3) mandates that the employer must furnish “required supporting documentation” to the Certifying Officer (“CO”) if the PERM application is audited. A substantial failure by the employer to provide the required documentation will result in a denial of the PERM application. 656.20(b).

In A Cut Above Ceramic Tile, the employer attested, on an ETA Form 9089 filed on January 8, 2007, that, as part of its domestic recruitment efforts for the position of Tile Setter, it placed a job order with the SWA in the area of intended employment from July 13 to August 12, 2006. On June 11, 2009, the DOL issued an audit notification, which included the request for a copy of the job order placed with the SWA downloaded from the SWA internet job listing site; a copy of the job order provided by the SWA; or other proof of publication from the SWA containing the content of the job order. As part of its audit response, the employer included a copy of its completed Employer Job Order Information Sheet from VaEmploy.Com, the SWA for the state of Virginia. Citing 656.20(b) as authority, the CO denied the PERM application based on the employer’s failure to provide proof of publication of the SWA job order containing the content of the job order, as requested in the audit notification letter. The CO found that the employer’s submission of the Employer Job Order Information Sheet did not show the final content of the job order as run by the SWA.

The Employer filed a motion for reconsideration of the PERM denial arguing that the PERM regulations provide that the SWA job order is documented by the start and end dates entered on the ETA Form 9089. The employer also argued that it had tried to obtain proof of publication from the SWA but had been informed that proof of the publication of its job order had been deleted. The CO affirmed the denial and forwarded to case to BALCA which also affirmed the denial and held that the employer’s documentation only showed that the job order was placed for the required 30-day period but did not provide proof of its contents.

The Employer then filed a petition for en banc review which BALCA granted to resolve the issue of whether a CO may deny certification of a PERM application based on the employer’s failure to provide proof of the publication of the SWA job order. BALCA invited the American Immigration Lawyers Association (AILA) to file an amicus brief which it did. There was a conflict between BALCA panels because, in another case, Mandy Donuts Corp., 2009-PER-481 (Jan. 7, 2011), a BALCA panel compared the PERM regulations at 656.17(e)(2)(i) on placement of the job order and the regulations at 656.17(e)(1)(i)(B)(3) and 656.17(e)(2)(ii)(C) on placement of a newspaper advertisement and pointed out that the PERM regulations for documentation of proof of newspaper advertisements specifically require the employer to provide copies of the newspaper pages in which the advertisement appeared or proof of publication furnished by the newspaper. The panel held that the PERM regulations only require “placement” of the job order for 30 days which is documented by the start and end dates entered on the PERM application.

The en banc panel in A Cut Above Ceramic Tile agreed with the Mandy Donuts panel and held that the distinction in the regulations is clear. The drafters of the regulation could easily have included a requirement that employers provide proof of publication of the SWA job order. In fact, the regulations governing the placement of a job order for the H-2B temporary nonagricultural labor certification program, also administered by the Employment and Training Administration (“ETA”) specifically require that the employer maintain a copy of the SWA job order or other proof of publication containing the text of the job order. 656.15(e)(1). The en banc panel reasoned that the ETA intentionally drafted the H-2B and the PERM SWA job orders regulations differently. In fact the ETA specifically stated in its response to comments regarding the audit process, that the employer is only required to provide the start and end date of the job order on the application to document the job order has been placed and the gathering of additional information on the job order from the SWA will not be necessary. See ETA, Final Rule, Implementation of New System, Labor Certification Process for the Permanent Employment of Aliens in the United States [“PERM”], 69 Fed. Reg. 77326, 77359 (Dec. 24, 2004). Essentially, the CO does not have the power to request just any type of documentation and the employer’s application may only be denied under 656.20(b) when the absent documentation is required.

While this en banc decision may appear attractive, and is certainly useful when inheriting flawed cases, practitioners ought to continue the practice of printing copies of the job order to demonstrate good faith recruitment. The BALCA en banc panel made sure to comment, in note 5, that “the spirit and the context of the PERM regulations, which are grounded in attestations backed up by retained documentation to support attestations, strongly suggest that an employer should retain and be able to produce documentation about the content and dates of action on all elements of recruitment. We would anticipate that most employers recruiting in good faith will have retained documentation in some form to show the content of the job order, and if so be able to produce it.” However, it is now clear that failure to produce the SWA job order cannot be the sole basis for a PERM denial.

THE USE OF PRIVATE EMPLOYMENT FIRMS TO CONDUCT RECRUITMENT
Under 656.17(e)(1)(ii), when conducting recruitment for a professional position, the employer must conduct three additional recruitment steps to advertise the position. The employer may choose from ten forms of recruitment including the use of a private employment firm or placement agency. 656.17(e)(1)(ii)(F) states:

The use of private employment firms or placement agencies can be documented by providing documentation sufficient to demonstrate that recruitment has been conducted by a private firm for the occupation for which certification is sought. For example, documentation might consist of copies of contracts between the employer and the private employment firm and copies of advertisements placed by the private employment forms for the occupation involved in the application.

In Credit Suisse Securities, 2010-PER-103 (Oct. 19, 2010), BALCA rejected the employer’s argument that 656.17(f), requiring that advertisements placed in newspapers of general circulation or in professional journals state the name of the employer and provide a description of the vacancy specific enough to apprise U.S. workers of the job opportunity, was not applicable to the additional recruitment steps for professional occupations, and held that the regulation in fact governs all forms of advertisement. However, not all the additional recruitment methods for professional positions readily lend themselves to these requirements. For instance, when recruiting through private employment firms, it makes no business sense to indicate the name of the employer because an applicant could then bypass the headhunter and apply directly to the employer. Indeed, in Credit Suisse Securities, BALCA acknowledged in note 7 that the requirements of 656.17(f) only applies to advertisements, and that it was not making a determination with respect to job fairs, on-campus recruiting, private employment firms and campus placement offices.

In World Agape Mission Church, 2010-PER-01117 (Mar. 23, 2012), the employer conducted recruitment for the professional position of “Pastor (Associate)” recruiting through a private employment agency as one of the three additional recruitment steps for professional positions. The CO issued an audit notification and, as part of its response to the audit notification, the employer submitted a letter from the private employment agency certifying that the agency had checked its database for any qualified applicants and had posted the job posting online. The job posting listed the job title, salary information, a job description, experience and education requirements, and that the position was full-time. The job posting was identifiable by a job number. The CO argued that the employer’s name must be included in an advertisement to ensure that the results of an employer’s test of the labor market are legitimate. The CO cited 656.17(f)(1), requiring that advertisements placed in newspapers of general circulation “name the employer.”

BALCA noted its decision in Credit Suisse Securities but held that an advertisement placed by a private employment agency is different than one placed directly by the employer. BALCA referenced its decision in HSB Solomon, 2011-PER-2599 (Oct.25, 2011) that 656.17(f) does not apply to advertisements placed by private employment firms. However, World Agape Mission Church makes it clear that the employer still has a duty to recruit in good faith and to make the job opportunity clearly open to all U.S. workers even when using a private employment agency. Of particular note was the fact that the job posting provided applicants with sufficient information like the job title, job duties, and education/experience requirements, and even if it did not list the name of the employer, it listed a job number which matched the job number listed in the letter from the employment agency certifying its recruitment. This allowed the CO to match the listing to the agency’s advertisement even without the inclusion of the employer’s name in the posting.

SUPERVISED RECRUITMENT
As the supervised recruitment train keeps barreling through, we have to keep on the lookout for any BALCA decisions to help guide us through the process. BALCA recently issued two decisions worth reading.

In Kennametal, Inc., 2010-PER-01512 (Mar. 27, 2012), BALCA held that the employer had improperly rejected U.S. workers because it did not consider the possibility that certain applicants could become qualified after a reasonable period of on-the-job training. But most interestingly, BALCA held that the employer’s rejection of applicants for not possessing the requisite bachelor’s degree was unlawful and specifically listed examples of applicants who had an associates’ degree and 10 to 24 years of experience. BALCA held that because the employer indicated in its advertisements that it would “accept a combination of education, training and experience” (well-known to practitioners filing PERM applications as the Kellogg language based on Matter of Francis Kellogg, 94-INA-465 (Feb. 2, 1998) (en banc), the employer should have considered these applicants and interviewed them to further evaluate their skills. This is particularly interesting in light of the fact that the DOL routinely requests that employers list the Kellogg language in the supervised recruitment advertisements even where it is not applicable. Now, employers have to be alert to the fact that the DOL could then use that same Kellogg language against them to argue that they unlawfully rejected U.S. workers.

In JP Morgan Chase & Co, 2011-PER-00635, BALCA upheld the CO’s denial of the PERM application under supervised recruitment because the employer did not list the addresses of the U.S. worker applicants in the body of its recruitment report as required under the supervised recruitment regulations at 656.21(e)(3) despite the fact that the employer had submitted copies of all the resumes which listed the U.S. addresses of the applicants.
0 Comments
    Picture

    TO SUBSCRIBE

    Click the RSS Feed below

    RSS Feed

    ABIL

    The Alliance of Business Immigration Lawyers (ABIL) provides global reach and personal touch. We all value great legal ability and provide high standards of care and concern.

    Archives

    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011

    Categories

    All
    104(c)
    106(a)
    106(b)
    10-year Bar
    1252(a)(2)(D)
    12-Step Groups
    1967 Optional Protocol
    1 Year H-1B Extension
    2011 Immigration Awards
    2012 Elections
    2012 Immigration Awards
    2012 Immigration Year In Review
    2012 Nation Of Immigrators Awards
    2013
    2013; HB-87
    2013 In Immigration
    2014 Immigration Highlights
    2017
    204(j) Portability
    20 CFR § 656.12(b)
    20 CFR 656.17(f)
    212(a)(9)
    212(f) Of Immigration And Nationality Act
    212(i) Waiver
    212(k) Waiver
    245(i)
    274B
    287(g)
    3 And 10 Year Bars
    3 And 10 Year Bars.
    3d Printing Technology
    3 Year H-1B Extension
    458
    5 C.F.R. § 2635.402
    5th Circuit
    5 U.S.C. § 706(2)(A)
    5 U.S.C. § 706(2)(E)
    60 Day Grace Period
    79 Federal Register 79
    8 C.F.R. § 1003.10(b)
    8 USC § 1324b
    8 Usc 1621
    90 Day Misrepresentation
    9/11
    A-1 Diplomatic Visa
    AAO
    AB 103
    Ab 1159
    Ab 263
    AB 450
    ABA Model Rule 1.14
    ABA Model Rule 1.2(c)
    ABA Model Rule 1.2(d)
    ABA Model Rule 1.7(b)
    ABA Model Rule 3.3
    Abandonment
    Abolition Of 90 Day EAD Rule
    AC21
    AC 21
    Ac 21 + Status + H-1B
    Accountability
    ACLU
    Acus
    Additional Recruitment Steps
    Adjudicators
    "Adjustment Of Status"
    Adjustment Of Status
    Adjustment Of Status Portability
    Adjustment Portability
    "Administrative Appeals Office"
    Administrative Appeals Office
    Administrative Closure
    Administrative Conference Of The United States
    Administrative Fixes
    Administrative Law Judge
    Administrative Procedure Act
    Administrative Procedures Act
    Administrative Reform
    Administrative Review
    Administrative Review Board
    Admissibility
    Admissibility Review Office
    Admission
    Admissions
    Admitting To A Crime
    Adopted Decision
    Adoption
    Advance Parole
    Advertisement
    Advertisements
    Affidavit Of Support
    Affluent Foreigners
    Affordable Care Act
    Affording Congress An Opportunity To Address Family Separation
    AFL-CIO
    Agency Updates
    Aggravated Felon
    Aging Population
    AG Sessions
    Ahmed V. Gonzales
    AICTE
    Aila
    Airport Screenings
    Akayed Ullah
    Alabama Anti-Immigrant Law
    Alberto Gonzales
    ALCA
    Alejandro Mayorkas
    Alerts
    Alfredo Quinones-Hinojosa
    Alien
    Aliens
    Ali Mayorkas
    Alj
    All-India Council For Technical Education
    Ameircan Competitiveness In The 21st Century Act
    Amended H-1B Petition
    Amendment
    America
    America And Immigration
    America First
    America In Decline
    American Academy Of Religion V. Napolitano
    American Citizenship
    American Competitiveness In 21st Century Act
    American Council On International Personnel
    American Exceptionalism
    American Football
    American History
    American Immigration Lawyers Association
    American Kaleidoscope
    American Role
    Angelo A. Paparelli
    Ann Coulter
    Anonymity
    Anthony Kennedy
    Antidiscrimination
    Anti-immigrant
    Anti-immigration
    Anti-Immigration Legislation
    Anti-Immigration Movements
    Anti-Immigration Rhetoric
    Anti-Trump Protestors
    Ap
    APA
    APA Violation
    Appeals Administrative Office
    Appeasement
    Appellate Bodies
    Appellate Law
    Ap Stylebook
    Arbitrary Quotas
    Arden Leave
    Area Of Intended Employment
    Arizona
    Arizona Dream Act Coalition V. Brewer
    Arizona V. United States
    Arizona V. USA
    Aro
    Arpaio V. Obama
    Arrabally
    ART
    Artificial Reproductive Technology
    Assembly Bill 103
    Assembly Bill 263
    Assembly Bill 450
    Assisted Reproductive Technology
    Associated Press
    Asylum
    Asylum Claims
    ATLANTA
    ATLANTA IMMIGRATION LAWYER AT KUCK IMMIGRATION PARTNERS
    At Risk Investment
    Attorney Advertising
    Attorney Business Account
    Attorney Fees
    Attorney General
    Attorney General Javier Becerra
    Attorney General Jeff Sessions
    Attorney General Self-referral
    Attorney General Sessions
    Attorneys
    Attorney's Role
    Attorney Trust Account
    Attrition
    Audit
    Audits
    Auer V. Robbins
    August 18 Policy
    Australia
    Automatic Conversion Provision
    Automatic Extension EAD
    Avvo
    Avvo Legal Services
    Aziz V. Trump
    B-1
    B-1 In Lieu Of H-1B
    B-1 Visa
    B-1 Visas
    B-2
    B-2 Bridge
    Backlog
    Backlogged Countries
    Backlogs
    BAHA
    BALCA
    Bally Gaming
    Ban On Travellers
    Barack Obama
    Barring Entry To Protestors
    Bautista V. Attorney General
    Beltway Visa
    Beneficiary Pays Fees
    Benefit
    Benefits Of H-1B Visa
    Benefit The US Economy
    Best Practices
    Bilateral Investment Treaties
    Binational
    Biographies
    Biography
    Birthright Citizenship
    Blog Series
    Bloomberg
    Blueseed
    Bokhari V. Holder
    Bona Fide Marriage
    Bona Fide Termination
    Border Crossings
    Border Patrol
    Border Security
    Boston Marathon
    Boston Marathon Bombings
    Bradley
    Bradley V. Attorney General
    Brain Drain
    Brain Pickings
    Brains Act
    Brand X
    Brand X.
    Brazil
    Brazil Quality Stones Inc V. Chertoff
    Brent Renison
    Brexit
    Bridges V. Wixon
    Bridge The Gap
    British Riots
    Broader Definition Of Affiliation
    Broken Promises
    Brooklyn Law Incubator Policy Clinic
    Bseoima
    Bullying Words
    Business Necessity
    Business Visitors
    Business Visitor Visas
    Buy American Hire American
    California Attorney General Javier Becerra
    California Immigrant Worker Protection Act
    "California Immigration Law"
    California Immigration Law
    "California Immigration Laws"
    California Immigration Laws
    California’s Community Oriented Policing Services
    California Service Center
    Camo Technologies
    Canada Point Assessment
    Canadian Council For Refugees
    Cancellation Of Removal
    Candor To The Tribunal
    Candor To Tribunal
    Capitalist Ideals
    Careen Shannon
    Career Progression
    Carrp
    Case Completion Quotas
    CATA V. Solis
    Cato Institute
    Cato Institute Report
    CBP
    Ccg Metamedia
    Certification Of Questions Of State Law
    Cesar Chavez
    Chaidez V. United States
    Chaidez V. U.S.
    Chain Migration
    Chamber Of Commerce V. Whiting
    Change In Worksite
    Change Of Status
    Charles Garcia
    Charles Hossein Zenderoudi
    Charles Kuck
    Chemical Weapons
    Chennai
    Chevron
    Chevron Deference
    Child
    Children
    Child Status Protection Act
    Chile
    China
    Chinese Investors
    CHIP
    Chip Rogers
    Chobani
    Chris Crane
    Chuck Grassley
    Chuck Schumer
    Cimt
    Cir
    Cis
    Cis Ombudsman Second Annual Conference
    Citizenship
    Citizenship And Nationality
    Citizenship Application
    Citizenship Status
    Citizenship Status Discrimination
    Citizens United
    Ciudad Juarez
    Civil Disobedience
    Civil Gideon
    Civil Rights
    Civil Rights To All In New York
    Civil Surgeon
    CIWPA
    Client Site
    Client With Diminished Capacity
    Columbia
    Columbus Day
    Comment
    Common Law Definition Of Parent
    Communicable Disease
    Commuting Distance
    Companies Hosting Skilled Nonimmigrant Workers
    Compelling Circumstances EAD
    Competence
    Competitive Salary
    Comprehensive Immigratin Reform
    "comprehensive Immigration Reform"
    Comprehensive Immigration Reform
    Comprehensive Immigration Reform + Tyranny Of Priority Dates
    Computer Programmer
    Concurrent Cap Subject And Cap Exempt Employment
    Confidentiality
    Conflicts Of Interest
    Conflicts Of Law
    Congress
    Congressman Darrell Issa
    Congressman Gutierrez
    "Congress On Immigration"
    Congress On Immigration
    Conrad 30
    Conservatives; GOP
    Consolidated Appropriations Act Of 2016
    Conspiracy
    Constitutional Law
    Constitutional Requirement To Be President
    Constitution And The Presidency
    Construction Workers
    Constructive Knowledge
    Consular Absolutism
    Consular Nonreviewability
    Consular Non-reviewability Doctrine
    Consular Officer; Comprehensive Immigration Reform; Grounds Of Exclusion
    "Consular Officers"
    Consular Officers
    Consular Processing
    Consular Report Of Birth Abroad
    Consulting
    Consummation
    Continuous Residence
    Controlled Application Review And Resolution Program
    Controlled Substance
    Controlled Substances
    Corporate Counsel
    Corporations Are Not People
    Corporations Are People
    Court Ruling
    Courts On Immigration Law
    Covered Employer
    Crane V. Napolitano
    Creative Classes
    Credible Testimony
    Crime Against Humanity
    Crime Involving Moral Turpitude
    Crime Rate
    Crimes Against Humanity
    Crimes Involving Moral Turpitude
    Crime Without Punishment
    Criminal Alien
    Criminal Conduct
    Criminalize
    Criminal Liability
    Criminals
    Cross Chargeability
    CSPA
    Cuban Adjustment Act
    Culturally Unique
    Curricular Practical Training
    Customs And Border Protection
    Cutcherry
    Cut Off Dates
    Cyrus Cylinder
    Cyrus Mehta V. Tucker Carlson
    Cyrus Vance
    DACA
    DACA 2012
    DACA Driver's Licenses
    Daca Obama Deferred Action Immigration Reform9e741343b2
    Dan Kowalski
    DAPA
    Data Privacy
    David Foster Wallace
    Dead Us Citizen Petitioners
    Debate Questions
    December 2015 Visa Bulletin
    Declinist
    Deconflction
    Defense Of Marriage Act
    Deference
    Deferred Action
    Deferred Action For Childhood Arrivals
    Deferred Action For Parent Accountability Program
    Deferred Action For Parents
    Definition
    Definition Of Employment
    Delays
    Delta Information Systems V. USCIS
    Democrat
    Democratic Party
    Democrats
    "Democrats On Immigration"
    Democrats On Immigration
    Denial Of Immigration Benefit Application
    De Niz Robles V. Lynch
    "Department Of Homeland Security"
    Department Of Homeland Security
    Department Of Justice
    "Department Of Labor"
    Department Of Labor
    "Department Of State"
    Department Of State
    Depends On Experience
    Deportation
    Deportation President
    Deporter In Chief
    Deporterinchief84df2adda9
    Deporting Us Citizen Child Or Children
    Derivatives
    Detainers
    Deter
    De Tocqueville
    Dhanasar
    DHS
    Dhs New Rule On Hardship
    Dhs Office Of Inspector General
    Dhs Office Of Inspector General Report On Effects Of Adjudication Procedures And Policies On Fraud
    Dick Durbin
    Dickinson V. Zurko
    Dillingham Commission
    Diminished Capacity
    Din V. Kerry
    Director Mayorkas
    Discouraging Future Immigrant Crime Victims
    Discrepancies
    Discretion In Immigration Policy
    Discrimination
    Disney
    Disruption
    Disruption Of Continuity Of Residence
    Distinction
    Diversity Immigrants
    Diversity Visa Lottery
    DOL
    DOL Investigation
    DOL Prevailing Wage Guidance
    Doma
    Donald Trump
    Dream9
    "DREAM Act"
    Dream Act
    Dream Dream Actd977e910f6
    Dreamers
    Drivers License
    Driver's Licenses
    Drones
    Drop The Iword57cb7ffa6e
    Drug Cartels
    Drugs
    D/S
    Dsk
    Dual Citizenship
    Dual Dates
    Dual Intent Rule
    Dual Nationality
    Due Process
    Due Process Violation
    Duration Of Status
    Dusty Feet Court
    Duty Of Confidentiality
    Dv Lottery
    Dzhokhar Tsarnaev
    E-2
    EAD
    Early Adjustment Of Status Application
    Early Voting
    EB-1
    EB-2
    EB-3
    EB-3 India
    EB-3 To EB-2
    EB-5
    Eb-5
    EB-5 China Retrogression
    EB-5 Green Card
    EB-5 Independent Fiduciary
    EB-5 Insurance
    EB-5 Investor Visas
    EB-5 Letter Of Credit
    EB-5 Letters Of Credit
    EB-5 Policy Memorandum
    "EB-5 Program"
    EB-5 Program
    "EB-5 Regional Center"
    EB-5 Regional Center
    EB-5 Regional Centers
    "EB-5 Visa"
    EB-5 Visa
    EB-5 Waiting Line
    EB Backlogs
    Ebola
    Economic Policy Institute
    EDGE
    Edward Snowden
    Edwards V. California
    EEOC V. Arabian American Oil Co.
    Efstathiadis V. Holder
    Egregore
    El Badwari V. USA
    E L Doctorow35aebd6002
    Election 2012
    Elections
    Electronic I-9
    Eligible Immigration Statuses
    El Salvador
    Emma Willard School
    Employability
    Employed At Institution Of Higher Education
    Employee
    Employee Complaint
    Employee's Benefit
    Employer Business Expense
    Employer-Employee Relationship
    Employer-employee Relationship
    Employer-Employee Relationship For H-1B Visas
    Employer Sanctions
    Employment Authorization
    Employment Authorization Document
    Employment Based Document
    Employment-based Fifth Preference EB-5
    Employment-based First Preference EB-1
    Employment Based Immigration
    Employment-based Immigration
    Employment-Based Immigration
    Employment-based Preferences
    Employment-based Second Preference EB-2
    Employment-based Third Preference EB-3
    "Employment-Creation Immigrant Visas"
    Employment-Creation Immigrant Visas
    Employment Eligibility Verification
    Employment Training Administration
    Encourage Global Corporate Activities
    Enforcement
    Enforcement/USICE
    Entrepreneur
    Entrepreneurial Immigrants
    Entrepreneur Parole Rule
    Entrepreneur Pathways
    Entrepreneur Pathways Portal
    Entrepreneurs
    Entrepreneurs In Residence
    Entrepreneurs In Residence Initiative
    Entry Level Position
    Entry Level Wage
    Eoir
    Epithets
    Essential Function
    Esta
    Establishment Clause
    Esther Olavarria
    Eta
    Eta 9035
    ETA 9089
    ETA Form 9089
    Et Al. V. Her Majesty The Queen
    Ethical Considerations
    Ethics
    Ethics For Immigration Lawyers
    Everfyb99de80646
    E-Verify
    Everify Lock5c940d7f14
    E Visa
    E Visas For Entrepreneurs
    "Executive Action"
    Executive Action
    "executive Authority"
    Executive Authority
    Executive Branch
    Executive Office For Immigration Review
    "executive Order"
    Executive Order
    "Executive Orders"
    Executive Orders
    Executive Power
    Exempt Employee
    Exempt Investment Advisers
    Expanded DACA
    Expanded Definition Of Public Charge
    Expedited Removal
    Expert Immigration Attorney On The Case
    Expert Opinion
    Expert Opinions
    Experts
    Expiration
    Extended DACA
    Extension Of Status
    Extraordinary Ability
    Extraordinary Ability Aliens
    Extraordinary Achievement
    Extraterritoriality Of Immigration Law
    Extreme Hardship
    Extreme Vetting
    F
    F-1
    F-1 Visa
    Fair
    Fair Criminal Trial
    Fairness
    Fairness For High Skilled Immigrants Act
    False Stereotyping
    FAM
    Familybased Preferences9c4ff7f5f7
    Family First Preference
    Family Fourth Preference
    Family Immigration
    Family Offices
    Family Second Preference 2A And 2B
    Family Unity
    Fareed Zakaria
    Farm Workers
    Faustian Bargain
    FDNS
    Fdns Site Visit
    FDNS Site Visits
    Federal Immigration Court
    Federal Immigration Unions
    Federal Judge John A. Mendez
    Federal Judge John Mendez
    Federal Judge Mendez
    Federal Law
    Federal Preemption
    Fed. Reg. Vol. 80 No. 251
    Fee Splitting
    Fiance Visa
    Fifth Circuit
    Filibuster
    Filibuster Reform
    Filing Date
    Final Acceptance Date
    Final Action Date
    Final Guidance
    Final High Skilled Worker Rule
    Final Merits Determination
    First Amendment
    Flat Fees
    Flat Organizations
    Fleuti Doctrine
    Flores V. USCIS
    Fogo De Chao V. DHS
    Forced Migration
    Foreign Affairs Manual
    Foreign Chefs
    Foreign Cooks
    Foreign Earned Income Exclusion
    Foreign Employment Law
    Foreign Entrepreneur
    Foreign Language
    Foreign Law
    Foreign Migration Agent
    Foreign National Entrepreneurs
    Foreign Policy
    Foreign Specialty Chefs
    Foreign Specialty Cooks
    Foreign Students
    Foreign Support Personnel
    Foreign Trade
    Form 2555
    Form-i130
    Form I130862b02b70d
    Form I13169350c78aa
    Form I-485
    Form I601a86f76fbc24
    Form I-601A Waiver
    Form I765wsa6c10c7761
    Form-i800
    Form I821d14be16bf36
    Form I-864
    "Form I-9"
    Form I91b22a1589f
    Form I9242eea98cb70
    Form I942333509f53
    Form I94w5e6bfb52b7
    Form I-983
    Form I-983 Training Plan
    Form-i9-compliance
    Form I9 Employmenteligibility Verification7ddbfbc6b4
    Form-n400
    Fourth Amendment
    Fragomen On Immigration
    Fraud
    Fraud Detection And National Security
    Fraud Detection & National Security (FDNS)
    Fred 26 Imports
    Free Trade
    Function Manager
    Fusion
    Future Flows
    Future Immigration
    Future Of Preemption
    Future Position
    Fy14 H1b Visa Capcf6496c9e4
    Fy2014 H1b Filingsae2c14d3f1
    FY 2015
    FY 2018 H-1B Cap
    Gang Of 8
    Gang Of Eight
    Gang Violence
    Gender Bias
    Genocide
    Georgia
    Georgia Legislature
    Georgia Legislature Antiimmigration Legislation Everify8d746ab340
    Georgia Legislature; Immigration; Anti-Immigration Legislation; Immigration Reform
    Georgia Legistlature
    Georgia Restaurants
    Gideon V Wainwrightba979e7bac
    Giovanni Peri
    Gladysz V. Donovan
    Global Cities
    Global Detroit
    Global Entrepreneur In Residence
    Globalization
    Global Michigan
    Global Mobility
    Global Sourcing
    Global Trade
    Godot
    Golick
    Gonzales-Marquez V. Holder
    Good Faith
    Good Moral Character
    Good Old Days
    GOP
    "GOP On Immigration"
    Gop On Immigration
    Government Data Collection
    Government Employee Discipline
    Governor Brewer
    Grassley-Durbin Bill
    Greencard
    Green Card
    Green Card Lottery
    Green Cards
    Green Card Stories
    Grounds Of Inadmissibility
    Growing Up
    Guest Columns
    Guest Workers
    H-1B
    H-1b
    H-1B1 Visas
    H1b And L1 Visa Provisions984af42aac
    H-1B Auction
    H-1B Cap
    H-1B Cap Exempt Employer
    H-1B Cap Exemption
    H1b Cap H1b Visas Increased Visa Numbers1210555f7b
    H-1B Denial
    H-1B Denials
    H-1B Dependent Employer
    H-1B Entrerpreneur
    H-1B Extensions
    H-1B FY 2018 Cap
    H1b H1b Fraud Grassley Foia Training Memo Fdns Vibe Csce504cf6c27
    H-1B Lottery
    H-1B Lottery Illegal
    H-1B Portability
    H-1B Premium Processing
    H-1B Reform
    H1b Skilled Worker Dependent Employer7361d653a8
    H-1B Spouse
    H-1B Visa
    H-1B Visa Cap
    H-1B Visa Denials
    H-1B Visa Extension By Spouse
    H-1B Visa For Entrepreneurs
    "H-1B Visas"
    H-1B Visas
    H1b Visasfb0ea78c4c
    H1b Visas For Entrepreneurs And Owners3399e25691
    H-1B Wage
    H-1B Worksite
    H2b Visas79f843cb2c
    H-4
    H-4 And Work Authorization
    H56
    Hack
    Hague-adoption-convention
    Haiti
    Halt Act
    Hamilton Project
    Hana V Gonzales75adc25254
    Happy-lawyers
    Happy New Year
    Hardship Waivers
    Harry Reid
    Haruki Murakami
    Hateful Rhetoric Against Immigrants
    Hate Speech
    Hb 87
    HCL America
    Head Of State
    Healthamerica
    Helen Chavez
    Herman Cain
    Higher Wages
    High Skilled Worker Rule
    Hillary Clinton
    Hinojosa V. Horn
    Hispanic Immigrants
    Historic Exercise Of Discretion
    "homeland Security"
    Homeland Security
    Home Office
    Homosexual
    Honduras
    Hot Questions
    House Gop
    House On Immigration Reform
    Hr 3012
    Hr 3012c279c52631
    HR 4038
    Hr 4970
    Humane-treatment
    Humanitarian Parole
    Humetis
    Hurricane Sandy
    Hybrid
    I130-petition
    I130 Petition2b14f0b880
    I-140 EAD Rule
    I-140 Petition
    I-485 Supplement J
    I5268d5986011e
    I-539
    I601a46afd40326
    I601 Waiversa737e3d6da
    I-9
    I9-compliance
    I9 Compliance725c781af2
    I9 Compliance Checklist3909ef569e
    I9-errors
    I9-fines
    I9 Paperwork Violations24d1cb2cb9
    Ibrahim El- Salahi
    ICE
    ICE Arrests
    ICE Detainers
    ICE Notice Of Inspection
    ICE Notice Of Suspect Documents
    Ice Union
    Identity Theft
    IIRIRA
    Illegal
    Illegal Alien
    Illegal Aliens
    Illegal Conduct
    Illegal Immigrant
    Illegal Immigration
    Illegal Immigration; Immigration Reform; ESTA; Visas
    Illegals
    Immi Awards
    Immigrant
    Immigrant Achievement
    Immigrant Detention
    Immigrant Investor
    Immigrant Investor Program
    "Immigrant Investors"
    Immigrant Investors
    Immigrant Investor Visa
    Immigrant Rape Victims
    Immigrant Rights
    Immigrants
    Immigrant Visas
    Immigrant Worker Protection Act
    Immigration
    Immigration Abandonment
    Immigration Accountability
    Immigration Accountability Executive Actions
    Immigration Act Of 1990
    Immigration Adjudications
    Immigration Agencies
    Immigration Agency
    Immigration Agency Expertise
    Immigration-and-demography
    Immigration And Identity Theft
    Immigration And Nationality Act
    Immigration And Privacy
    Immigration And Terrorism
    Immigration And The Arts
    IMMIGRATION ATTORNEY
    Immigration Attorneys
    Immigration Auction
    Immigration Awards
    Immigration Benefits
    Immigration Bureaucracy
    Immigration Bureaucrats
    Immigration Cases
    Immigration Chain Of Command
    Immigration-compliance
    Immigration Court Backlog
    Immigration Courts
    Immigration Data Collection
    Immigration Decentralization
    Immigration Devolution
    Immigration Discretion
    Immigration Discrimination
    Immigration Enforcement
    Immigration Entrepreneurship
    Immigration Fantasies
    Immigration Forgiveness
    Immigration Forms
    Immigration Gamesmanship
    Immigration Gender Bias
    Immigration Inconsistency
    Immigration In Film
    Immigration Innovation Act Of 2015
    Immigration Inspections
    Immigration Inspectors
    Immigration Instructions
    Immigration Insubordination
    Immigration Interviews
    Immigration Intrigue
    Immigration Judges
    Immigration Judge Tabaddor
    Immigration Justice
    Immigration Justice System
    Immigration Language
    Immigration Law
    Immigration Law Absurdity
    Immigration Law Careers
    "Immigration Law Complexity"
    Immigration Law Complexity
    Immigration Law Extraterritoriality
    Immigration Law Humor
    Immigration Law Practice
    IMMIGRATION LAWYER
    Immigration Lawyer Atlanta Immigration Lawyer Immigration Reform Belief Believing704942b6fd
    Immigration Lawyers
    Immigration Legal Representation
    Immigration Legal Services
    Immigration Legal Services Delivery
    Immigration Lessons
    Immigration Memes
    Immigration Officers
    Immigration Officials
    Immigration On Tv
    Immigration Policies
    Immigration Policy
    Immigration Politics
    Immigration Portfolio Management
    Immigration Power
    Immigration Practice
    Immigration Profiling
    Immigration Protectionism
    Immigration Quotas
    "immigration Reform"
    Immigration Reform
    Immigration Reform Act Services
    Immigration Regulations
    Immigration Reporters
    Immigration Reporting
    Immigration Simplicity
    Immigration Status
    Immigration Terminology
    Immigration Themes
    Immigration Transition Team
    Immigration Transparency
    Immigration Truths
    Immigration Untruths
    Immigration Writing
    "Immigration Year In Review"
    Immigration Year In Review
    Immis
    Imperfect Immigration Past
    Impermissible Fee Splitting
    Improper Payments
    Imputed Intent
    INA 203(d)
    INA 203(h)(3)
    INA 204(j)
    INA 208(a)(2)(A)
    INA 212(f)
    INA 214(i)(1)
    INA 217(b)(12)
    INA § 240(b)(4)(B)
    INA 244(f)(4)
    INA 245(a)
    INA 245(k)
    INA 274(a)(1)(A)(iv)
    INA 274A(h)(3)
    INA § 274B
    INA 275
    INA § 301(g)
    Inadmissibility
    Ina Section 101a350fbc5520b3
    Ina Section 203d40da1fbde2
    Ina Section 204l15b30a9fb6
    INA Section 212(a)(2)(G)
    INA Section 301(g)
    INA Section 322
    Inc.
    Inclusive Speech
    INc. V. DHS
    Inc. V. USCIS
    Independent Contractor
    Independent Fiduciary
    India
    India And China
    India Inc.
    India IT
    Indian Citizens
    Indian IT Firms Or Companies
    Indian Prime Minister
    Indian Supreme Court
    Individualized Determinations
    Individual Shared Responsibility Provision
    Indonesian Christians
    Indophobia
    Ineffective-assistance-of-counsel
    Infected
    Infosys
    Infosys Immigration Settlement
    Infosys Settlement
    Infosys Visa Rules
    Inherent Skill
    Inhouse Counsel51701e4a40
    Innovation
    Insightful Immigration Blog
    Intending Immigrant
    Interior Immigration Enforcement
    International Criminal Court
    International Entrepreneur Parole
    International Entrepreneurs
    International Union Of Bricklayers And Allied Craftsmen V. Meese
    Internet Marriages
    Internment
    Interview
    Intracompany Transferee Visas
    Investigations
    Investment
    Investors
    Investor Visa
    Iran
    Iraq
    Iraqis
    Irca
    IRS
    Irs Form 2555
    Irs Publication 519
    I-Squared Act
    Italian Immigrants
    IT Consulting
    It Consulting Companies
    IWPA
    J1 Waiver3fd1477d5d
    J1 Waivers6f3dd388e8
    Jaen V. Sessions
    James McHenry
    Jan Brewer
    J And M Nonimmigrants
    Janet Napolitano
    Japanese American Internment
    Jared Kushner
    Javier Becerra
    Jeff Sessions
    Job Advertisements
    Job Creation
    Job Flexibility
    Job Portability
    Job Shops
    Joe Arpaio
    John A. Mendez
    John Doe Et Al. V. Canada
    John Mccain
    John Roberts
    Johnson V. United States
    John Yoo
    Joint-representation
    Jordan V. DeGeorge
    Jose Ines Garcia Zarate
    Josh Mckoon
    Journalism And Immigration
    Judge Hanen
    Judicial Deference
    Judicial Review
    Julia Preston
    July 1
    July 2007 Visa Bulletin
    Jus Soli
    Justice
    Justice Brandeis
    Justice Department
    Justice For Immigrants
    Justice Sotomayor Dissenting Opinion
    K-1 Visa
    K3 Visa37acf4a9cf
    Kansas
    Kate Steinle
    Kauffman Foundation
    Kazarian
    Kazarian V. USCIS
    Kellogg Language
    Kellogg Magic Language
    Kenneth Palinkas
    Kerry V. Din
    Khaled V Holder982a962865
    King V. Burwell
    Kleindienst V. Mandel
    Known Or Suspected Terrorist
    Know Nothing
    Kobach
    Korematsu V. United States
    Kovacs-v-united-states
    Kris Kobach
    Kris Koback
    Kst
    Kurupati V. USCIS
    L-1
    L-1A
    L-1A Visa
    L1a Visas537fc94d3f
    L-1B
    "L-1B Visa"
    L-1B Visa
    L1b Visaffc1d0a913
    "L-1B Visas"
    L1b Visas705e041a79
    L-1 Visa
    L1 Visa8e59dfe5b4
    L-1 Visa For Entrepreneurs
    L1-visa-intracompany-transferee-visa-intracompany-transfer-l1a
    L1 Visas291f967a4b
    Laboratories Of Democracy
    Labor Certification
    Labor Certification And Balca
    Labor Condition Application
    Labor Condition Applications
    "Labor Department"
    Labor Department
    Labor Market Testing
    Labor Shortages
    Labor Unions
    Lack Of Experience
    Lamar Smith
    Lameduck Congress2bd365b0dc
    Laos
    Lateef V Holder04525394c8
    Latino
    Law
    Lawfully Present
    Lawful Permanent Resident
    Lawful Permanent Resident Status
    Lawful Rejection
    Lawrence Fuchs
    Lawrence H Fuchs8538bb8495
    Lawsuit Against Daca
    Lawsuit Against Immigration Executive Actions
    Lawyers
    Lawyers Arguing
    Lawyers Debating
    Lawyer-suicide
    Layoffs
    LCA
    LCA Audit
    LCA/Labor Condition Application
    Leave Of Absence
    Ledbetter V. Goodyear Tire
    Legal Analysis
    Legal Ethics
    Legal Immigration
    Legalization
    Legal Limbo
    Legalnet
    Legal-status
    Legislative Updates
    Leon Rodriguez
    Less Flexibility
    Level 1 Or Entry Level Wage
    Level 1 Wage
    Level 1 Wages
    Lexmark Int’l Inc. V. Static Control Components Inc.
    Lexmark Int’l V. Static Control Components
    Lgbt
    Liberty
    Libya
    License
    Limited Representation
    Lindsey Graham
    List All Requirements
    Litigation
    Li V Renaudd8a40b72af
    Loan Model
    Loretta Lynch
    Loss Of Revenue
    Low Income Non-citizens
    Low Priority And Discretion
    Low Priority For Removal
    Lpr
    Lugo V. Holder
    Luis Gutierrez
    Lujan V. Defenders Of Wildlife
    Luna Torres V. Holder
    L Visa
    M274f95947aeb8
    Mad Men
    Maintenance Of Status
    Managerial Capacity
    Managerial Duties
    Mandamus Actions
    Mantena V. Johnson
    March 4
    Marco Rubio
    Maria Popova
    Marijuana Activities
    Mario Diazbalarta47ad78f9c
    Mario Rubio
    Marketbased Immigration Reformsac2c6c563f
    Marketing Fee
    Martinez-de Ryan V. Sessions
    Mary Yahya
    Massachusetts
    Master
    Matter New York State Department Of Transportation
    Matter Of AB
    Matter Of A-B
    Matter Of Acosta
    Matter Of Alyazji
    Matter Of ARCG
    Matter Of Arrabally And Yerrabelly
    Matter Of Avetisyan
    Matter Of B-C- Inc.
    Matter Of Cantu
    Matter Of Castro-Tum
    Matter Of Cognizant Technology Solutions
    Matter Of Credit Suisse Securities
    Matter Of Douglas
    Matter Of Ecosecurities
    Matter Of Emma Willard School
    Matter Of E.W. Rodriguez
    Matter Of Fpr515c6b2578
    Matter Of G- Inc.
    Matter Of G-J-S-USA Inc.
    Matter Of Hashmi
    Matter Of Hira
    Matter Of Horizon Computer Services
    Matter Of Izummi
    Matter Of J-R-R-A-
    Matter Of Karl Storz Endoscopyamerica6e946ac639
    Matter Of Koljenovic
    Matter Of L-A-B-R-
    Matter Of Lovo
    Matter Of M-A-M-
    Matter Of Marcal Neto
    Matter Of MEVG
    Matter Of Mississippi Phosphate
    Matter Of O. Vasquez
    Matter Of O Vazquez0fffb5957e
    Matter Of Rajah
    Matter Of Siemens Water Technologies Corp
    Matter Of Silva-Trevino
    Matter Of Simeio Solutions
    Matter Of Simelo Solutions
    Matter Of Skirball
    Matter Of Skirball Cultural Center
    Matter Of Symantec Corporation
    Matter Of The Clariden School
    Matter Of V-S-G- Inc.
    Matter Of WGR
    Matter Of Z-A-
    Matter Of Zamora
    Matter Of Zeleniak
    Matt Ramsey
    Mccain
    Medicaid
    Mehta Declaration
    Mehta V. DOL
    Meissner Memo
    Melania Trump
    Melissa Harrisperrye735025247
    Meme
    Memorandum Of Understanding
    Mental Competency
    Meritorious Claims
    Meritsbased Systemdcb9af44f1
    Mexico
    Michelle Malkin
    Michigan
    Micron Technologies
    Middle Vendor Arrangements And H-1B Visa
    Migrant Manifesto
    Military Families
    Military Service
    Minimum Requirements
    Misclassification
    Misinform
    Misprision-of-felony
    Miss Minnesota
    Mistakes By DSO
    Mitch Mcconnell
    Mitt Romney
    Modular Container Systems
    Moin V Ashcroft3374c3ffaa
    MOMA
    Moncrieffe V Holder2a74c71b8b
    Montana Campaign Finance Law
    #MoreThanALabel
    Morton June 17 Memo
    Morton Memo
    Morton Memo On Discretion
    Motion For Continuance
    Motion For Reconsideration
    Motions For Continuance
    Mou
    Msnbc
    Museum Of Modern Art
    Muslim Ban
    Muslim Travel Ban
    NAFTA
    Narendra Modi
    Narratives
    National Citizenship And Immigration Services Council
    National Day Of Action
    National Id Card
    National Immigration And Customs Enforcement Council
    National Interest Waiver
    National Interest Waivers For Entrepreneurs
    National Interest Wavier
    National Origin
    National Security
    National Security Concern
    Nation Of Immigrators Awards
    Nativism
    Nativist
    Naturalization
    Negotiable
    Neufeld Memo
    New I9268baceca5
    New International Legal Norm
    New Office L19f5f4f35f9
    New Rule Of Professional Conduct 7.2(b)
    Newspaper Of General Circulation
    News & Politics
    New State Ice Co V. Liebmann
    New Travel Ban Executive Order
    New York Constitutional Convention
    New York Daily News Op Ed
    New York State Bar Ethics Opinion 1116
    New York State Bar Opinion 1132
    New York Times
    Next Generation Tech Inc. V. Johnson
    Nexus Requirement
    Nfl
    Nguyen V. Holder
    Nicaragua
    Nicholas Colucci
    Ninth Circuit
    NIV
    NIW
    NOI
    NOIR
    Non-citizens
    Non-compete
    Non-existent USCIS Entrepreneurs Pathway Portal
    Nonfrivolous Application
    Nonimmigrant
    Nonimmigrant Visas
    Nonimmigrant Visa Status
    Non-justiciable
    Nonknown Or Suspected Terroristd52dcd7966
    Nonkst248c8faee5
    Nonprofit Affiliated Or Related To University
    Nonprofits And H-1B Cap
    Non-refoulement
    Non-work Activities
    Nostalgia
    Not Counting Derivative Family Members
    Not Counting Family Members
    Notice Of Intent To Revoke
    Notice Of Suspect Documents
    Notice To Appear
    November 2014 Midterm Elections
    NSD
    NSEERS
    NTA Policy
    Numbersusa
    NYSDOT
    O-1
    O-1 Visa
    Oath Of Allegiance
    Obama
    "Obama Administration"
    Obama Administration
    Obama Amensty Immigration Deferred Action81e6468f69
    Obama August 18 Announcement
    Obamacare
    Occupational Outlook Handbook
    Occupy Wall Street
    Ocrcl
    October 2012 Visa Bulletin
    October 2015 Visa Bulletin
    Offered Wage
    Office Of Civil Rights And Civil Liberties
    Office Of Foreign Labor Certification
    Office Of Inspector General
    Office Of Special Counsel
    Office Of Special Counsel For Unfair Immigration-Related Employment Practices
    Oig Report
    Olivia Sanson
    Omission
    One Labor Certification
    Opposition To Corruption
    OPT
    Optional Practical Training
    OPT Optional Practical Training
    Opt Out
    Opt Practical Training
    Osama Bin Laden
    Osc
    Oscar De La Hoya
    Osorio V Mayorkas806a9e9fb4
    Outrage
    Outsourcing
    Overqualification
    Overt Act
    O Visas
    O Visas For Entrepreneurs
    Ownership And Control
    P3 Visa72357cd170
    Padilla V Kentucky200410eaa5
    Paperwork Reduction Act
    Parole
    Parole For International Entrepreneurs
    Parole In Place
    Paroleinplace3a3ddef22b
    Particular Social Group
    Parviz Tanavoli
    Pat Buchanan
    Path To Citizenship
    Paul Ryan
    Peggy Noonan
    Penalties
    PERM
    Permanent Residency Options
    Perm-audit-triggers
    Perm-faqs-round-10
    PERM Labor Certification
    Person Of Extraordinary Ability
    Persons Of Extraordinary Ability
    Phantom Visa Status
    Physical Presence In A Foreign Country
    Piepowder Court
    Piers Morgan
    Pinochet
    Plain Language
    Plain Language Of Regulation Regarding Compelling Circumstances
    Plenary Power
    Plyler V. Doe
    Points System
    Policy
    Political Correctness
    Political Opinion
    Pope Francis
    Port
    Portability
    Portfolio Management
    Porting
    Porting Off Unadjudicated I-140
    Post Graduate Diploma
    Potential Court Challenge To Unlawful Presence Memo
    Potted Plants
    Preemption
    Premium Processing
    Premption
    Preponderance Of The Evidence
    Preponderence Of Evidence Standard
    President
    Presidential Debates
    Presidential Elections
    Presidentil Proclomoation 9645
    President Obama
    President Obama Executive Actions
    President Trump
    President Tump
    Presumption Of Fraud Or Misrepresentation
    Prevailing Wage Determination
    Prevailing Wage Determination Validity Period
    Primary And Alternate Requirements
    Printz V. United States
    Priority Date
    Priority Date Retrogression
    Priority Dates
    Private Employment Firms
    Pro Bono
    Pro-bono-legal-services
    Processing Times
    Procurement
    Prodsecutorial Discretion
    Prodsecutorial Discretion Morton Memo James Madison6c95a0548c
    Professional-responsibility
    Proper Signature
    Proposed Rule
    Prosecution For Illegal Entry
    Prosecutorial Discretion
    Protect And Grow American Jobs Act
    Protectionism
    Protests
    Provisional Waiver
    Provisional Waiver Of 3 And 10 Year Bars
    Proxy Marriage
    Public Charge
    Public Health Significance
    Public Service
    Puleo Memorandum
    Puppets
    P Visas
    Qiaowai
    Qualified Candidates
    Qualified Worker
    Quota
    Racial Profiling
    Racism
    Ragbir V. Homan
    Ragbir V. Sessions
    RAISE Act
    Ramirez V. Brown
    Ramirez V. Reich
    Rand Paul
    Range Of Experience
    Raud Detection And National Security
    Raul Hinjosaojedab7c338ba6c
    Ravi Ragbir
    Real Id Act
    Record Deportations
    Recruitment
    Recruitment Report
    Recusal
    Redcarpet Immigrationecf057f251
    Reentry Permit
    Reflecting On September 11
    Refoulement
    Refugee
    Refugee Convention
    Refugees
    Regional Center
    Regional-centers
    Regulations
    Regulatory Flexibility Act
    Regulatory Reform
    Reinterpretation
    Reinterpretation Of INA
    Religion
    Religious Freedom
    Religious Freedom Ground Of Inadmissibility
    Religious Workers
    Relinquish Us Citizenship25cc75ef5e
    Removal Orders And Work Authorization
    Removal Proceeding
    Removal Proceedings
    Render Unto Caesar
    Republican
    Republican Party
    Republicans
    Republicans On Immigration
    Requests For Additional Evidence
    Requests For Evidence
    Required Wage
    Rescission Of Deference Policy
    Residential Fiance Corp V. USCIS
    Resident Vs. Non-Resident Alien
    Restaurant Immigration
    Restrictive Covenant
    Resume Review
    Retention Of Priority Date
    Retroactive Application Of Agency Decision
    Retrogression
    Return Transportation Cost Or Payment
    Retweets
    Reverse Migration
    Revocation
    Revocation Of I130 Petition29e2465d50
    Reza Derakshani
    Rfe
    Rfes
    Rights Of Defendants
    Right To Counsel In Removal Proceedings
    Right To Protect
    Risking Lives
    Rnc Immigration Resolution
    Robert Bosch
    Robert Delahunty
    Robert Zimmerman
    Rod Serling
    Role Of Lawyers
    Romney
    Rosenberg V. Fleuti
    Roving Employee
    Roxana Bacon
    Ruben Navarette
    Rule 1648282cc144
    Rule 3369c1f5dca4
    Rulemaking
    Rule Of Law
    Rules
    Ruqiang Yu V Holder112d7eccb6
    Rusk V. Cort
    Russia
    Rust Belt
    Rust Belt Economies
    S 744388557e228
    Safe Third Country Agreement
    Salary
    Salas-v-sierra-chemical-co
    Same-or-similar
    Same Sex
    Same Sex Marriage
    Samesex Marriagea1a4c1687a
    Same Sex Relationships
    San-berardino-attacks
    Sanctuary
    Sanctuary Cities
    Sanders
    San Francisco
    San Francisco V. Trump
    Saturday Night Live
    Sayfullo Saipov
    Sb 1070
    Sb 170
    Sb 458
    SB 54
    Sb6
    SB 785
    Scales V. INS
    Scialabba-v-cuellar-de-osorio
    Scope Of Representation
    Scotus
    Second Amendment
    Second Circuit
    Second Class Citizenship
    Section-245i
    Section 377 Indian Penal Code
    Section-911
    Section-k
    Security Council
    Self Employment
    Self Referral
    Sen Al Franken8d17f34572
    Senate Bill 54
    Senate-homeland-security-and-governmental-affairs-committee
    Senate Immigration Reform Proposal
    Senate Judiciary Committee
    Senator Grassley
    Senator Hatch Legal Immigration Reform07d2d1ba79
    Senator Mccain
    Senator Rubio
    Senator Schumer
    Sen-coburn
    Sen Cornynb4913b20f7
    Sen Mccain70a20820e6
    Sen Reidd251095d63
    Sen Schumered4af5bde9
    Sen-tom-coburn
    Separating Children From Parents
    Separation Of Children
    Separation Of Powers
    September 11
    Sergio Garcia
    Sessions V. Dimaya
    Settlement Agreement
    SEVP
    Shabaj V Holdercba68a701d
    Shameful Adults
    Shortage Occupations
    Short-term Placement
    Show Me Your Papers
    Shyima Hall
    Siblings
    Simeio
    Simon Winchestor
    Singapore
    Singh V Reno628d251f29
    Site Visit
    Skidmore Deference
    Skilled Immigrants
    Skilled Legal Immigrants
    Skilled Workers
    Skype
    Slavery
    Smartzip
    Soccer
    Social Distinction
    Social Media
    Social Security Administration Ssa No Match Letterf1d55fcc30
    Sole-representation
    Solis-Espinoza V. Gonzales
    Somalia
    Sophie Cruz
    Sought To Acquire
    Sought To Acquire Lawful Permanent Residency
    Southern Border Enforcement
    Special Counsel
    Special Enrollment Period
    Special Immigrants
    "Specialized Knowledge"
    Specialized Knowledge
    Specialty Occupation
    Specialty Occupations
    Spouse Of H1b153354d1c2
    Staffing Companies
    Stakeholders
    Stalin
    Standard Occupational Classification
    Standing
    Startup
    Startup Visa
    Startup Visa31494d637e
    State Bar Of California
    "State Department"
    State Department
    State Department Advisory Opinion
    State Department Visa Bulletin
    State Enforcement Of Immigration Laws
    State Immigration Law
    State Immigration Laws
    State Law
    State Legislation
    State Rights V. Federal Preemption
    States
    States Refusal
    States Rights
    Status
    Status Violations
    STEM
    STEM 24-month OPT Extension
    Stem Green Card
    Stem Immigration
    Stem Jobs Act
    STEM OPT
    STEM OPT Employer Attestations
    STEM OPT Extension
    Step By Step Day Care LLC
    Stephen Miller
    Steve King
    St. Louis Ship
    Stories
    Storytelling
    Strauss Kahn
    Strausskahn00f7a82137
    Strausskahn0c784e0777
    Strickland-test
    Students And Scholars
    Stylebook
    Subcommittee On Immigration Policy And Enforcement
    Subhan V. Ashcroft
    Substantial Presence Test
    Success Stories
    Sudan
    Summary Removal
    Sunday Ads
    Super Fee
    Supervised Recruitment
    Supporting US High Skilled Business And Workers
    Supremacy Clause
    Supreme Court
    Supreme Court Of The United States
    Suresh Kumar Koushal V Naz Foundation0c35ab381e
    Surrogate Arrangements
    Surviving Spouse Immigration Benefits
    Suspension Of Premium Processing
    Suspension Of Prevailing Wage Determination
    Swde
    Syria
    Syrian Refugees
    Tabaddor V. Holder
    Take Care Clause
    Tamerlan Tsarnaev
    Tani Cantil-Sakauye
    Tapis International V. INS
    Taxes
    Tax Return
    Tax Treaty
    Teaching
    Techorbits
    Ted Cruz
    Ted Cruzs Canadian Citizenship97b85977cd
    Ted J Chiapparid1be1c2015
    Tek Services
    Telecommuting
    Temporary Labor Certification
    Temporary Nonimmigrant Waiver
    Temporary Protected Status
    Temporary Waiver
    Tenrec
    Tenrec Inc. V. USCIS
    Tenyear Bare5cfe49a0e
    Terminatiion
    Termination Of TPS
    Terrorism
    Tesla Motors
    Texas Anti-Sanctuary Law SB 4
    Texas V. United States
    Texas V. USA
    Thanksgiving Turkey
    That Was The Week That Was
    The Iword925fa53b25
    The Philippines
    The Snake
    The Tyranny Of Priority Dates
    Third Circuit
    Third Party
    Third-Party Arrangements
    Third Party Client
    Third Party Client Site
    Thomas Jefferson
    Threeyear Barca4ce1adbf
    Three Year Indian Degree
    Three Year Old
    Thrust Upon Conflicts
    Time
    Tina Turner
    TN Visas
    Tolling
    Tom Lehrer
    Top 10 Most Viewed Posts
    Torture
    Totality Of Circumstances Test
    TPP
    TPS
    Trade In Services
    Trade Policy
    Trade With India
    Trafficking
    Trafficking; VAWA
    Trafficking Victims Protection Reauthorization Act
    Training Plan
    Training Plans
    Transparency
    Travel
    Travel Authorization
    Travel Ban
    Travel Ban Executive Order
    Travel Ban Waivers
    Trayvon Martin
    Tribunal
    Truax V. Raich
    Trump
    Trump Immigration Policies
    Trump V. Hawaii
    Tseung Chu V. Cornell
    Turner V Rogerse0e2213e28
    TVRPA
    Tweets
    Twitter
    Two Priority Dates
    Tyranny Of Priority Dates
    "U"
    Unaccompanied Children
    Unaccompanied Minor
    Unaccompanied Minors
    Unauthorized Employment
    Unauthorized Immigrants
    Uncategorized
    Uncommon H-1B Occupations
    Unconstitutional
    Undamental Fairness
    Undocumented
    Undocumented Immigrant
    Undocumented Immigrants
    Undocumented Lawyer
    Undocumented Student
    Undocumented Workers
    Unhappy-lawyers
    United States Citizenship And Immigration Services
    United States Trade
    United States V. Bean
    United States V. Texas
    United States V Windsord2b852bf02
    United States V. Wong Kim Ark
    University Of Miami Law School
    Unlawfully Present
    Unlawful Presence
    U Nonimmigrant Visa
    Unsuccessful Prosecution
    USA V. California
    USA V. Olivar
    USA V. Texas
    US-Canada Border
    Us Chamber Of Commercea7b71cf5ba
    USCIS
    USCIS California Service Center
    USCIS Deference Policy
    USCIS Director
    USCIS Director Francis Cissna
    Uscis Economists
    USCIS Guidance
    Uscis Immigration Attorney Attorney At Immigration Interview Frauda4f5dad76b
    USCIS Listening Session
    "USCIS Ombudsman"
    Uscis Ombudsman
    "USCIS Policy Memorandum"
    Uscis Policy Memorandum
    U.S. Citizen Parent
    U.S. Citizenship
    Us Constitution
    Us Consulate
    Us Consulate081a8a95d6
    Us Consulates64f4af575b
    Us Customs And Border Protectione83df9ce06
    U S Immigration And Customs Enforcementca915606c7
    U.S. Immigration & Customs Enforcement
    Us Immigration Policy18cc81545d
    Us Tax Guide For Aliens
    Us V Arizonaa89601cba1
    U.S. V. California
    US Worker
    US Workers
    Us Workersbab035371d
    Utah
    U Visa
    U Visa Category
    U Visa Eligibility
    U Visa Status
    "U" Visa; U Visa
    Vartelas V Holdera1ea23ce84
    Vawa
    Velasquez-Garcia V.Holder
    Velasquez-Garcia V. Holder
    Vendor Management
    Vendor Relations
    Vera
    Vera V Attorney Generalaf3a90412f
    Vermont Service Center
    Viability
    Viability Of Fleuti
    Victims Of Abuse
    Victims Of Crime
    Victims Of Domestic Abuse Or Sex Crimes
    Victims Of Domestic Violence
    Villas At Parkside Partners V. Farmers Branch
    Vinayagam V. Cronous Solutions
    Violation Of Status
    Violence Against Women Act
    Vip Immigration
    Visa Application
    Visa Availability
    Visa Ban
    Visa Bulletin
    Visa Denials
    Visagate2015
    Visa Modernization
    Visa Revocation
    Visas
    Visa Voidance
    Visa Voidance 3year Bara99b8dc197
    Visa Waiver Admission
    Visa Waiver Program
    Vivek Wadhwa
    Vladimir Putin
    Void For Vagueness
    Voting
    Vwp
    Waiting In The Immigration Line
    Waiting Line
    Waiting List
    Waiver
    Waiver Of 10 Year Bar
    Waiver Of Inadmissibility
    Waivers
    Wall
    Washington Alliance Of Technology Workers
    Washington Alliance Of Technology Workers V. DHS
    Washington V. Trump
    WashTec
    Wealthy Travelers
    White House
    Work Authorization
    Work Permits
    Worksite
    Workspace
    Work Visas
    Worst Of The Worst
    Xenophobia
    Yemen
    Yerrabelly
    Youngstown Sheet & Tube Co. V. Sawyer
    Youseff V Renaud
    Youth
    Zombie Precedents
    Zone Of Interest
    Zone Of Interests

Powered by Create your own unique website with customizable templates.
Photo used under Creative Commons from Mrs Logic