| A PERM ODYSSEY: OBTAINING LABOR CERTIFICATIONS
Sponsored with the New England Chapter of American Immigration
Lawyer's Association
Please Note: This course has already
been held.
Date: Friday, October 28, 2005
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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On December 27, 2004, the Department of Labor (DOL) released the long awaited PERM (Program Electronic Review Management System) regulations. With that release comes the reality that the Labor Certification process, the first step in most employment-based “green card” cases, would be permanently and substantially altered. Despite the sheer volume, the regulations and continuing commentary and clarifications seem to raise more questions than answers. Yet PERM’s promise of speedy adjudication reverberates, and is being amplified and distorted, throughout immigrant communities, creating unreasonable expectations and new hazards for unwary foreign nationals. Despite the DOL’s belief that attorneys and clients would be eager to file under the new PERM process, 40,000 cases were filed under the prior system in the weeks just before PERM’s effective date. These cases have since been directed to new Backlog Elimination Centers. How long it will be before these cases are reached is still unknown.
PERM is here to stay. New employment-based permanent residency cases requiring Labor Certification now must be filed through the PERM system. Attorneys practicing business-based immigration must fully understand the PERM rules and must be on top of the frequent, substantive and procedural changes, and advisories. Many foreign nationals now incorrectly believe that PERM holds the promise of a quick and easy “green card.” Any attorney who deals with foreign nationals or their employers must understand the fundamentals of Labor Certification in general as well as the PERM process. Hear it straight from the author of the authoritative treatise on the PERM rule and leaders of the immigration bar, past and present officers of AILA National and the New England Chapter.
| S C H E D U L E / A G E N D A |
| 9:00 |
WELCOME AND INTRODUCTIONS |
Steve Clark, Esq., Co-Chair
Flynn & Clark, P.C., Cambridge, MA
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| 9:10 |
PERM REGULATIONS: A BRIEF INTRODUCTION |
- Background
- Backlog Reduction Measures
- Attorneys’ Roles
- PERM’s Goals, Promises and Reality
Robin Dana O’Donoghue, Esq., Co-Chair
O’Donoghue Law Office, Cambridge, MA
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| 9:40 |
TYPICAL AND ATYPICAL CASE WORK-UP: THE FIRST STEPS |
- PERM Registration
- “Normal” Situations
- Headless HR
- Employers without Email
- Nailing Down the Position and Minimum Requirements
- Prevailing Wage Determinations
- Using O*Net
- Appendix A & the 3 Extra Recruitment Steps
Stacy M. Bradbury, Esq.
Law Office of Stacy M. Bradbury, Salem, MA Bennett Savitz, Esq.
Savitz Law Offices, Boston, MA
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| 10:50 |
SUBSTANTIVE ISSUE ANALYSIS |
- Setting up a PERM Strategy
- “On the Job” Experience
- Ability to Train
- Employee Ownership and Control
- Alternative Education and Experience
- Live-ins
- Lay-offs
Maureen O’Sullivan, Esq.
Kaplan, O’Sullivan & Friedman, LLP, Boston, MA Bennett Savitz, Esq.
Savitz Law Offices, Boston, MA
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| 1:00 |
PROCEDURES: RECRUITMENT & AUDIT |
Required Recruitment Job Orders Preparing the Recruitment Report Practical Advice Required Documentation Practical Considerations Attorney/Officer Procedures and Record Keeping Audit Procedures and Supervised Recruitment Business Necessity Steve Clark, Esq., Co-Chair
Flynn & Clark, P.C., Cambridge, MA Maureen O’Sullivan, Esq.
Kaplan, O’Sullivan & Friedman, LLP, Boston, MA Sharryn Ross, Esq.
Ross, Silverman & Levy, LLP, Boston, MA
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| 3:00 |
FILING THE APPLICATION: WRAPPING IT ALL UP |
- Line-by-Line Analysis of the Form 9089
- Tips to Avoid Unnecessary Rejections and Audits
- What to Expect After Filing
Steve Clark, Esq.
Flynn & Clark, P.C., Cambridge, MA
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| 3:50 |
STRATEGIC AND "PROCEDURAL" CONSIDERATIONS |
- Thinking Ahead - Mandatory Pre-filing Analysis
- I-140 Ability to Pay
- Preference Categories and Priority Dates
- 3/10 Year Bar and Other Bars to Adjustment
- Conversion of Pipeline Cases
- Invalidation and Revocation
- Special Handling Cases
- Schedule A and Schedule B cases
Richard Iandoli, Esq.
Iandoli & Associates, P.C., Boston & Worcester, MA Robin Dana O’Donoghue, Esq.
O’Donoghue Law Office, Cambridge, MA
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| Date: |
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Friday, October 28, 2005 |
| Tuition: |
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Tuition is $249; $199 for Suffolk alumni, attorneys admitted to the Bar after 2002, and members of AILA. The course book is included in the tuition charge. A limited number of partial scholarships are available. Please submit a written request via fax 617-305-3099.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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This course will provide CLE Credit in RI, NH, VT & ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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|
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