American Immigration Lawyers Association

New York Chapter

CLE

The PERM Development Lifecycle – From Drafting over Recruiting to Filing

Monday, January 9, 2017

Topic: This presentation provides both new and experienced practitioners with an overview of the major steps involved in drafting a PERM job description, obtaining and challenging a prevailing wage determination, recruiting for the position, and filing Form 9089, including best practices based on recent DOL guidance and BALCA cases.

6:30 – 7:00 PM / Ask the Experts
7:00 – 7:05 PM / Introduction: It’s 2017 - Do You Know What the DOL Wants?
Susanne Heubel
7:05 – 7:25 PM / Pre-drafting considerations: The foreign national’s non-immigrant history; and timing of prevailing wage request and recruitment
Shai Dayan
·  Know your foreign national’s non-immigrant visa situation (NIV max-out and eligibility for AC21 (H-1B status))
·  Impact of the prevailing wage filing and expiration date on recruitment validity and PERM filing deadline
7:25 to 7:50 PM / Considerations in drafting the PERM job description and prevailing wage request (including estimating the outcome of the prevailing wage determination)
Rosanna Fox
·  What education/experience/skills to require – factors include:
ü  What are the employer’s normal requirements?
ü  What SOC/O-NET code would be suitable based on match of job duties and requirements with the SOC/O-NET guidelines?
ü  What job duties/requirements may trigger a high prevailing wage determination, possibly making a certain SOC/O-NET code and/or the requirements unsuitable?
ü  What qualifications does the foreign national possess?
ü  What can the employee prove via employment verification letters that will be needed for the I-140 stage?
·  Strategies on handling requirements when the foreign national possesses only:
ü  A foreign three-year degree
ü  Some college-level studies combined with experience
ü  Just experience
7:50 – 8:10 PM / Tips on when and how to challenge a prevailing wage determination (NPWC and BALCA)
Janet Henner
·  Requests for Information (RFI) from the NPWC
·  Request for Redetermination (RFR) by the NPWC
·  Request for Review by BALCA
8:10 – 8:35 PM / Recruitment issues
Deborah Notkin
·  Understanding the required content of Sunday ads in newspapers of general circulation in the area of intended employment/professional journal ads, notices of filing (wall and intranet) and the other recruitment types; distinction between 20 CFR Section 656.17(f), 20 CFR Section 656.10(d) and 20 CFR Section 656.17(e); en banc BALCA case – Symantec
·  Required text in Sunday ads and notices of filing, and how to document/prove that the steps ran, for the audit file (including discussion of the PERM preamble)
·  Required text for professional recruitment and SWA job orders, and how to document/prove that the steps ran, for the audit file
ü  Websites and other platforms (sometimes with mandatory, non-compliant wording)
ü  Reading the plain language of 20 CFR Section 656.17(e) - what BALCA tells us as to what is and what is not required for radio ads, employment agencies, local newspaper ads, campus recruitment, employee referral programs etc.
·  What the DOL wants to see in the recruitment report (10/2016 FAQ)
8:35 – 8:45 PM / Form 9089 filing and post-filing issues
Janet Henner
·  Use of help desk for technical problems with registration and filing
·  Ensuring that the employer responds to the post-filing questionnaire
8:45 – 9:00 PM / Q/A