Tagged #perm
Every article we've published on this topic, sorted by the agency's own announcement date.
EB-3 to EB-2 Upgrade: Porting a Priority Date Through a Second PERM and I-140
Why employers file a second PERM and I-140 to upgrade an employee from EB-3 to EB-2 — how 8 CFR 204.5(e) priority-date porting works and what USCIS demands as proof.
Schedule A Shortage-Occupation List: How Pre-Certification Bypasses PERM, and What the 2023 RFI Means for Expansion
How DOL's Schedule A pre-certification mechanism at 20 CFR 656.5 and 20 CFR 656.15 lets qualifying occupations skip ETA-9089 recruitment entirely — the regulatory architecture, the 2023 RFI on expanding the list, and what an expansion would mean for employers.
AC21 §106(a): The 1-Year H-1B Extension on a Pending PERM or I-140
Section 106(a) of AC21 lets H-1B workers extend in one-year increments past the six-year cap if a PERM or I-140 has been pending for 365+ days. Here is the eligibility test and the §104(c) handoff.
PERM Form ETA-9089: Process, Recruitment Timing, and Prevailing-Wage Determination
How DOL's PERM labor certification works in practice: the ETA-9141 prevailing-wage request, mandatory recruitment, and filing the electronic ETA-9089 in FLAG.
PERM Prevailing Wage Determination: OFLC's Skill-Level Worksheet for Levels I–IV
How OFLC's November 2009 Prevailing Wage Determination Policy Guidance assigns skill levels I, II, III, and IV to a PERM position, the five-factor worksheet, and how to write an ETA-9141 that survives the analysis.
EB-2 Schedule A: Nurses, Physical Therapists, and the Pre-Certified Labor Certification
How DOL's Schedule A regulation at 20 CFR 656.5 pre-certifies labor for registered nurses and physical therapists — and what employers must still file with USCIS under 8 CFR 204.5 to convert that pre-certification into an approved I-140.
Surviving a PERM Audit: Recruitment File, Applicant Log, and the SVP/SOC Cross-Check
What DOL audit letters ask for under 20 CFR 656.20, how to assemble the recruitment file and applicant log, and why the SVP-to-SOC mapping has to line up.
PERM Denial Appeals: BALCA Review Timing and the 30-Day Reconsideration Window
How to challenge a PERM denial under 20 CFR 656.24 and 656.26: the 30-day reconsideration window, the record on appeal, and what BALCA can and cannot do.
PERM Supervised Recruitment: When DOL Takes Over the Process
How 20 CFR 656.21 supervised recruitment works, why DOL invokes it, and what the employer can and can't control once a Certifying Officer is driving the recruitment plan.
EB-3 Skilled Worker, Professional, and Other Worker: The Three Splits and Why They Matter
How INA § 203(b)(3) and 8 CFR 204.5(l) divide EB-3 into three sub-classifications — skilled workers, professionals, and other workers — and why the split drives PERM minimum-requirements drafting, visa-bulletin movement, and the 10,000-per-year EW cap.