PERM Approvals
Posted Dec 23, 2005
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We reported to MurthyDotCom and MurthyBulletin readers last week, on the positive results we see every day for the many PERM labor certification filings made on behalf of our clients. That December 16, 2005 article, Murthy Law Firm PERM Cases - Update is available on MurthyDotCom. People often ask if PERM will work for them. Of course, each case is different and the possibility of success must be assessed individually. We obtain PERM approvals regularly for our clients. Anyone with questions about filing a PERM case should discuss the matter with an experienced, knowledgeable immigration lawyer.
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Some specific examples of the types of cases regularly processed at the Murthy Law Firm follow. This is only a representative selection of cases we have filed. We explain requirements for the various positions / occupations / professions, and the issues to be addressed in these types of PERM cases.
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PERM Approvals for Software Engineers
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Typical job duties for a software engineer include the following components: design, develop and configure computer software systems according to client specifications; write program specifications, forms and interfaces; test new interfaces to optimize computer system workflow; generate end-user feedback and implement changes; and test to ensure integration.
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The following examples of PERM labor certifications for the position of software engineer obtained by the Murthy Law Firm reflect the variety seen in this type of position.
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Example 1  We received an approval for an individual in the position of software engineer without a degree in engineering or computer science. The individual qualified for the position based on a three-year foreign bachelor's degree in Business or Commerce, a two-year post-graduate certificate in Computer Information Systems, and five years of relevant experience. Because it was necessary to combine the client's education to find the equivalency of a U.S. bachelor's degree, this case would have to proceed under the EB3 category.
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Example 2  We filed a case for a software engineer position for which the employer required the minimum of a bachelor's degree and five years of experience. The alternative qualifications were a master's degree and three years' experience. Using the required O*NET classification system, these requirements exceeded the U.S. Department of Labor (DOL) industry norm. Therefore, we needed to document that the employer-established requirements were based on a genuine business need. We prepared the proof, referred to as a business necessity argument. This evidence was available in the event of an audit. The case was approved without an audit.
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Example 3  The wide variety of requirements set by employers, depending upon their needs, was evident in this case. The employer required 4 years of experience, but no degree. The case was filed under EB3 and was approved within 60 days.
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PERM Approvals for Programmer Analysts
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Typical job duties of a programmer analyst include: analyze and evaluate existing or proposed programs; plan and devise computer programs and related procedures to process data; prepare charts and diagrams to assist in problem analysis, and submit recommendations; develop coding logic flowcharts; and encode, test, debug, and install operating programs and procedures.
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We work on many cases involving the position of programmer analyst. Only one example is mentioned below since this is the most common type of scenario for this position.
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The programmer analyst position required that the employee hold a bachelor's degree and two years of experience as a minimum job requirement. The case was filed under the EB3 category and was approved within a month.
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PERM Approvals for Computer Information Systems Managers (CISMs)
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Typical duties of a Computer Information Systems Manager (CISM) include: manage, direct and review the work of other consultants; evaluate system requirements and specifications and recommend improvements; manage and develop product direction, specifications and implementation; customize and test all systems; and configure new business computer software systems according to client specifications.
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One example of a recent approval involved a position that required that the potential CISM employee possess a master's degree and two years of experience. The State Workforce Agency (SWA) determined that the appropriate wage level was Level II.
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As many MurthyDotCom and MurthyBulletin readers may know, PERM cases for professionals require print advertisement plus three additional forms of recruitment from a list outlined by the DOL. It is also necessary to have a 30-day "quiet period" between the completion of recruitment and the filing of the case. The PERM provisions, however, permit the placement of one of the three additional forms of recruitment within the 30-day "quiet period." We utilized that provision in this case and received an approval within 30 days of filing.
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PERM Approvals for Physicians / Hospitalists
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The Murthy Law Firm also represents many physicians in connection with labor certification cases. One recent example was for a position of Hospitalist.
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The employer (a hospital) was offering a position within their organization for a Hospitalist. The SWA determined the prevailing wage based upon the position of internist. The foreign national was fully qualified for the job, based upon a foreign medical degree, a three-year U.S. residency program, completion of all three steps of the USMLE, and a state medical license in the state where the job was offered. The required advertisement effort included one Sunday advertisement in a newspaper of general circulation and one in the New England Journal of Medicine. The labor certification under PERM was approved within approximately two weeks.
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PERM Approvals for Teachers - Montessori
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We represent many educational institutions in connection with immigration matters. These include teachers at the elementary and secondary levels and specialized Montessori schools, as well as college or university teaching faculty.
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The Murthy Law Firm recently obtained an approval for a teaching position that required two years of experience as a Montessori teacher and Montessori certification. The case was approved within 60 days.
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PERM Approvals for Financial Analysts
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In a recent case involving the position of a financial analyst, the employer required a bachelor's degree and five years of experience. The alternative qualification was a master's degree and three years of experience. The business necessity argument was not needed, because the DOL considers these to be normal, standard requirements for this occupation.
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PERM Approvals for Statisticians
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In a case for the position of a statistician, the employer required either a master's degree and one year of experience, or a bachelor's degree and three years of experience. Also acceptable as a qualification for the position was any equivalent combination of education or experience. The case was approved promptly without an audit.
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PERM Approvals for Mechanics
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In a position classified as nonprofessional, we recently received an approval for an auto mechanic. The position required two years of experience. As a nonprofessional position, recruitment beyond the two Sunday print advertisements was not required. The PERM case, which would fall under EB3, was approved in two weeks.
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Conclusion
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The case descriptions given above are by no means an exhaustive list of the types of PERM cases we have been working on and for which we have received approvals at the Murthy Law Firm. We have been representing employers and employees and filing many PERM-based green card cases ever since PERM went into effect earlier this year. Our considerable experience broadens and deepens with each new PERM case and the wide range of occupations and professions we serve with cutting-edge strategies designed for our clients, who are looking for successful outcomes.