Welcome to your PERM guide


I had the honor of participating in the last edition of AILA Guide to PERM Labor Certification, and the 2023 edition is a resource that I wanted to make sure you all knew was available! The publication continues a strong tradition of insightful articles on key labor certification topics as well as practical procedures, and offers something for every practitioner, from the new immigration lawyer to luminaries in employment law. ‘immigration. Essentially, this follows major changes made by the Department of Labor, including the transfer of electronic filing of PERMs from iCert to FLAG and the launch of a new ETA 9089 form in an environment riddled with technical issues and questions without response, both in form and form. substance.

Guide is intended to serve an essential function in highlighting key labor certification rules, decisions, theories and policies, analyzing thorny issues of legal interpretation and practice, and providing an analytical framework for successfully obtaining a permanent employment certification.

Many of the articles in this edition have been published in previous editions, but the authors have gone to extraordinary lengths to ensure that they are all up to date and reflect the intricacies and flaws of the new form and filing process. At the same time, the Guide looks to the future and contains articles on some of the pressing issues in PERM practice today.

As a practitioner, it is difficult to choose a “favorite” topic from those included in the guide, but if I had to choose a set, I think I would lean towards those that offer more “How to” and take action. as easy-to-use step-by-step wizards for specific parts of the PERM puzzle.

For those of you wondering what has actually changed, know that the PERM regulatory framework, in effect since 2005, remains largely intact. Although BALCA decisions and policy updates have clarified issues over the years, the practice of PERM in general remains a challenge. As of this writing, the DOL’s sudden decisions to move to FLAG and implement a new form have not yet resulted in labor certification approvals and we are confident that the legal and regulatory issues compliance will persist for years to come.

We then hope that AILA Guide to PERM work certification2023 edition, brings center stage to the most important issues in labor certification law, constitutes an effective tool for managing PERM practices and succeeds in highlighting the tensions between rules, decisions and policy – ​​the everything to prepare us for what comes next.


AILA Members, the new ETA-9089, Application for Alien Employment Certification, was launched on the DOL’s FLAG system in June. Register now for a free roundtable on November 15 to participate in a discussion and Q&A session on what we’ve learned since its launch. This follows the seminar,Navigating the implementation of the new PERM ETA-9089 form in FLAGwhich is available as a free recording on demand to AILA members.

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