Attorney LEE, JAE WOOK'S OFFICE [ LICENSED TO PRACTICE IN KOREA, U.S.A., ILLINOIS ]
[개인과 기업을 위한 모든 법률문제를 서비스합니다.]
1997년부터 20년이상의 노하우를 가지고 웬만한 개인과 기업이 평생에 걸쳐 경험할 수 있는 거의 대부분의 민사,형사,행정,조세,국제거래,국제계약,이민,탄원,진정,고소,고발,제안,협상,중재,조정,업무대행,대리 사건의 자문과 소송과 계획안 제출대리 업무을 경험하고 처리해 왔습니다. 국내거래나 국제거래를 비롯하여 개인과 기업이 당면한 어떤 문제도 모두 해결해 드립니다.
주저하지 마시고 사무실을 내방하여 이재욱변호사의 축적된 경험과 학식과 지식을 이용하여 상담부터 받으세요. 본 사무실에서 해결해드리지 못할 경우 다른 해결방안을 제시해드립니다.
[FOR FOREIGNERS - ENGLISH LANGUAGE LEGAL SERVICES in Counseling, Application and LITIGATION & TRIAL IN COURTS and TRIBUNALS in KOREA]
INTERNATIONAL DIVORCE, CIVIL, REAL ESTATE, PERSONAL INJURY, DAMAGES, TRAFFIC ACCIDENT, FRAUD, PENAL LAW, CRIMINAL TRIAL, FELONY, GUILTY PLEA, LEASE, RENTAL LAW, IMMIGRATION, INVESTMENT, TAX, INCORPORATION, TRADE, CONTRACT,
DISPUTE IN CORPORATION, GOVERNMENT TREATMENT, REFUGEE, REMOVAL, VISA, PERMANENT RESIDENCE, CITIZENSHIP]
1) most would agree that
a) the system
i) currently utilized to comply with the labor market test requirement
A) of employment based permanent residence sponsorship
is not the process
i) that was described to stakeholders a decade ago.
a) Slower than portrayed,
b) more inefficient than expected and
c) less agile than anticipated,
1) PERM today is like a tenth year marriage
a) in which neither party clearly remembers anymore
i) why they thought
A) this change would be such a good idea!
In no area of the PERM is this more apparent
a( than in the recruitment stage.
a) pertaining to the recruitment phase
1) are still fraught with traps
a) for the unwary,
b) such as
i) uncertainty and
ii) shifting interpretation
I) advertisement content,
II) acceptable recruitment venues, and
III) what evidence must be submitted
(a) in response to an audit
(b) to avoid a PERM denial.
b) Board of Alien Labor Certification Appeals (BALCA) decisions, and
c) U.S. Department of Labor (DOL) FAQs
1) reveal some of the recent trends
a) in recruitment interpretation and
2) provide practice pointers
a) for avoiding PERM’s pitfalls.
By way of background,
1) before filing a PERM application,
2) an employer must test the labor market
a) to ensure there are no qualified, willing, available U.S. workers
i) to fill the permanent job opportunity.
Regulations dictate that
a) recruitment ads
i) must be specific
A) enough to apprise applicants
I) of the job opportunity, and
ii) should be consistent with
A)what is listed on the ETA Form 9089.1
the regulations are less than clear
a) with respect to
i) what content must
A) be included and
B) not be included
I) in various recruitment efforts,
ii) what recruitment venues are acceptable, and
iii) what type of documentation must be provided
A) in an audit.
Below is a discussion of some of
a) the recent shifts
i) in agency interpretation and
b) common pitfalls
1) to guide practitioners and employers
a) in the recruitment stage.
1 20 CFR §656.17(f)(6).
2 2015 AILA Immigration Practice Pointers
An employer must recruit
a) under the standards
i) for professional occupations
1) if the occupation involved is
a) on the list
i) of occupations,
ii) published in Appendix A
A) to the preamble
I) of the final PERM regulation,
iii) for which a bachelor's or higher degree is customarily required.
Although the occupation
a) involved in a labor certification application
may be a nonprofessional occupation,
1) the regulations do not prohibit employers
a) from conducting more recruitment
i) than is specified
A) for such occupations.
Where an employer is uncertain
a) whether an occupation is considered professional or not,
1) the DOL advises the employer
a) to conduct recruitment
i) for a professional occupation.2
Recent decisions have addressed
a) what must appear
i) in professional recruitment advertisements.
In an en banc ruling
a) in Matter of Symantec,3
1) BALCA held that,
a) based on the plain language
i) of the regulations and regulatory history,
b) advertising content requirements
i) for ads
A) placed in
I) newspapers of general circulation or
II) professional journals 4
do not apply to additional professional recruitment steps.
As a best practice,
it is nevertheless important
a) to ensure that
A) contained in the additional forms
I) of recruitment
A) what is provided
I) on the ETA Form 9089.
Failure to do so could indicate a lack
a) of “good faith” recruitment efforts
b) on the part of the employer.
While professional recruitment ads need not meet the content requirements
a) of 20 CFR §656.17(f)(6),
1) BALCA has held that
a) an advertisement
i) with incorrect information
A) about the job opportunity