PERM, or the Program Electronic Review Management System, is the process through which employers looking to hire foreign nationals to work in the United States on a permanent basis may gain approval. PERM applicants must file form ETA 9089 with the Department of Labor.
When filing an I-140 petition subsequent to the denial of a previously filed petition, the same labor certification may be used even if it has expired, provided that it was not expired at the time the original petition was filed and it was not invalidated for reasons of fraud or misrepresentation. Should a petitioner require a new copy of a labor certification, (s)he can request a duplicate copy from the Certifying Officer, with proof that a visa application or petition has been appropriately filed.
U.S. Citizenship and Immigration Services (USCIS) announced today that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs). Due to processing delays associated with Department of Labor’s (DOL) “iCERT” system, USCIS responded to requests from the public and temporarily allowed H-1B petitions to be [...]
U.S. Citizenship and Immigration Services (USCIS) today provides additional guidance regarding the Employ American Workers Act (EAWA) to employers seeking to file H-1B petitions. The EAWA was enacted to ensure that companies that receive funding under the Troubled Asset Relief Program (TARP) or section 13 of the Federal Reserve Act do not displace U.S. workers. [...]
It’s been a month of increasing salary cuts and lay offs for the US economy. The financial crisis plaguing the US market is forcing many businesses to cut down on work hours, salary, benefits etc. But employers need to be aware that making these adjustments for foreign workers may amount violations of the regulations set [...]

