Welcome to AdNet Advertising Agency
It's always good to know your rights!

Legal Notice

Introduction
AdNet Advertising Agency, Inc. maintains this Web site as a service to its customers. We invite you to visit frequently to browse through our pages and download and copy materials for your personal use, subject to the restrictions outlined below.

No Warranties and Limitation Of Liability
Information and documents provided on this Web site are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement. AdNet uses reasonable efforts to include accurate and up-to-date information on this Web site; it does not, however, make any warranties or representations as to its accuracy or completeness. AdNet periodically adds, changes, improves, or updates the information and documents on this Web site without notice. AdNet assumes no liability or responsibility for any errors or omissions in the content of our Web site.

Your use of this Web site is at your own risk. Under no circumstances and under no legal theory shall AdNet, its suppliers, or any other party involved in creating, producing, or delivering this Web site's contents be liable to you or any other person for any indirect, direct, special, incidental, or consequential damages arising from your access to, or use of, this Web site.

Links To Third-Party Sites
This Web site contains links to third-party Web sites. The linked sites are not under the control of AdNet and AdNet is not responsible for the contents of any linked site or any link contained in a linked site. AdNet is providing these links only as a convenience and the inclusion of a link does not imply endorsement of the linked site by AdNet.

U.S. Government End Users
The software and documentation available on this Web site are "commercial items," as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.

Applicable Laws
This Web site (excluding linked sites) is controlled by AdNet from its offices within the state of New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this Web site both you and AdNet agree that the statutes and laws of the state of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Web site. You and AdNet also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of competent jurisdiction of New York County and the United States District Court for the State of New York with respect to such matters. AdNet makes no representation that materials on the Web site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal or prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

In addition, software available on this site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Policies On Use Of Copyrighted Material And Logos

PERSONAL USE OF AdNet WEB SITE DOCUMENTS
AdNet hereby authorizes you to view, copy, download and print AdNet documents (such as columns, white papers, press releases, data sheets and FAQs) that are available on this Web site, subject to the following conditions:
  • The documents may be used solely for personal, noncommercial and informational purposes.
  • The documents may not be modified.
  • The following copyright notice and permission notice must appear in each document: "Copyright © AdNet Advertising Agency, Inc. All rights reserved.” The copyright laws of the United States and international treaties protect AdNet documents available from this Web site.
  • Copyright, trademark and other proprietary notice may not be removed.
AdNet reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material.

Licensed Logo Use
Use, reproduction, copying, or redistribution of AdNet logos is strictly prohibited without written permission from AdNet. If your organization has a pre-existing agreement with AdNet, that agreement, along with the specific guidelines for each logo, will specify your rights and obligations regarding use of AdNet logos.

Additional information for AdNet Partners/Members is available at the AdNet Online site. Additional information for authorized distributors of AdNet software is available directly from the AdNet head office in New York, USA. Both of these are available only to authorized users. If you do not have an existing agreement with AdNet, you do not have permission to use AdNet logos. If you have additional questions, please contact AdNet.

Downloading Software

 All software and accompanying documentation made available for download from this Web site is the copyrighted work of AdNet or its suppliers. The copyright holder retains software and documentation ownership. Ownership is not transferred to you; rather, you are licensed to use the software and documentation. The use of any such software or documentation is subject to the terms of a license agreement. Please read the license agreement that accompanies each product and indicate your agreement to those terms prior to downloading. Additional information on downloading AdNet software is available from the AdNet offices.

Trademarks
Permitted Use Of AdNet Trademarks
AdNet trademarks identify AdNet products and services and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution.

Other uses require our written permission. Please make such requests by email. We will evaluate your request as soon as possible.

In addition, you may not use AdNet trademarks, whether design or word marks, in the following ways:
  • In a non-AdNet product name or publication title
  • In, as, or as part of, your own trademarks
  • To identify products or services that are not AdNet's
  • In a manner likely to cause confusion
  • In a manner that implies inaccurately that we sponsor or endorse, or are otherwise connected with, your own activities, products and services
  • In a manner that disparages AdNet
Proper Attribution of AdNet Trademarks
When you use our trademarks, please include the following brief statement attributing the trademarks to AdNet:

"AdNet, the Yellow & Black are registered trademarks of AdNet Advertising Agency, Inc. in the United States and other countries. [List other AdNet product names used in your document] are also trademarks of AdNet, which may be registered in other countries."

AdNet TRADE NAMES:
  • AdNet
  • AdNet ADVERTISING
  • AdNet ADVERTISING AGENCY, INC.
The above lists are not exhaustive - AdNet may own other trademarks, logos and trade names that are not included here.
This information was last updated October 23, 2001. For additional information, please send email to AdNet's Legal department. 


WARNING & DISCLAIMER
THE SITUATION POST-GAL#1-97 HAS BEEN, IS and WILL CONTINUE TO BE, EXTREMELY FLUID. IT IS CHARACTERIZED BY ON-GOING AND CONTINUAL CHANGES IN POLICIES, PRACTICES and PREFERENCES AT REGIONS AS WELL AS SESAS. SPECULATIONS, ESPECIALLY ABOUT STRATEGY, ARE PARTICULARLY HAZARDOUS AT THIS TIME. NONETHELESS, WE ARE PRESENTING SOME STRATEGIES FOR OVER 1000 ATTORNEYS WHO USE OUR SERVICES IN THE BELIEF THAT THEY WILL FIND FOOD FOR THOUGHT IN OUR COMMENTS. WE DO NOT INTEND THIS TO BE LEGAL ADVICE; WE ARE NOT IN THE BUSINESS OF PROVIDING LEGAL ADVICE. WE OFFER NO GUARANTEES NOR DO WE MAKE ANY ASSURANCES THAT ACTION TAKEN ON THE BASIS OF OUR COMMENTS WILL BE EFFECTIVE OR IN THE BEST INTERESTS OF THE EMPLOYERS/ALIENS INVOLVED. WE WARN ATTORNEYS THAT OUR COMMENTS ARE SPECULATIVE. WE TAKE NO RESPONSIBILITY WHATEVER FOR ATTORNEYS' ACTIONS, WE URGE ATTORNEYS TO USE THEIR LEGAL AND PROFESSIONAL JUDGEMENT IN USING OUR COMMENTS.

AdNet Advertising Agency, Inc., maintains this website to enhance our customer’s access to AdNet’s information. This is a service that is continually under development. While we try to keep the information timely and accurate, we make no guarantees. We will make an effort to correct errors brought to our attention.

The documents on this website contain hypertext pointers to information created and maintained by other public and private organizations. Please be aware that we do not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, the inclusion of pointers to particular items in hypertext is not intended to reflect their importance, nor is it intended to endorse any views expressed or products or services offered by the author of the reference or the organization operating the server on which the reference is maintained.

Recruitment for Occupations and Job Offers

In a well reasoned argument, Symantec Corporation, 2011-PER-1856, en banc, BALCA overruled a previous en banc decision, Credit Suisse Securities, 2010-PER-103, which held that advertisements for professional positions must list the requirements for the specific job offer and not for the occupation in general.

read more >>


Proper Newspaper Selection for Sunday ads and Local/Ethnic Newspapers

Professional vs. Non-Professional

The criteria for the proper choice of newspapers for each city are not explained in the PERM regulations. This is not surprising, because the government could hardly direct private employers to use one newspaper and not another.

read more >>


Professional Journal In Lieu Of 2nd Newspaper Ad

The PERM Rule requires two Sunday ads for all applications, but under certain circumstances, the second Sunday ad may be a Professional Journal. This journal ad in lieu of a second Sunday newspaper should not be confused with the separate requirements for professional positions, which include a selection of three out of ten additional recruitment efforts, among which is the option to advertise in a professional journal.

read more >>


PERM Recruitment Update: Prevailing Wage Statistics

As the focus of this blog is on recruitment, we always start with an analysis of the prevailing wage request form 9141, the instructions found on the form itself, additional instructions found in a separate instructional document, the federal register, including OMB approval, and the agency’s memos and policy statements. We do all this before referring to administrative law decisions which interpret same.

read more >>


PERM 101 : PERM Recruitment and Advertising - "The AdNet Advantage"

I want to thank Kiran Vairale from AdNet Advertising Agency for joining me to present workshops on PERM recruitment issues. Recently, we made presentations in San Francisco at the IlW PERM Workshops and at the offices of the Fakhoury Law Group in Troy Michigan. Kiran brings to the table an up-to-date knowledge of PERM advertising and media issues throughout the US.

read more >>


PERM 101: Issues with Resumes

Job applicants who apply for PERM positions must be US Workers, a term defined in the PERM Rule to include some, but not all, referrals for the position. This term of art embraces only U.S. Citizens, U.S. Nationals, Permanent Resident Aliens, Asylees, Refugees and Amnesty Applicants encompassed by Section 1255a(a)(1) under the Immigration Reform and Control Act of 1986.

read more >>


Changing Standards for Advertisements in Local or Ethnic Newspapers

The PERM Rule requires two Sunday ads in a newspaper of general circulation in the area of intended employment most appropriate to the occupation and most likely to bring responses from able, willing, qualified, and available U.S. workers.

read more >>


PERM 101:More about Supervised Recruitment

An important issue now arising in supervised recruitment is how to document electronic recruitment.

While the INA and the PERM Rule are silent on this subject, we may recall that there is a hierarchy of legal precepts in administrative law.

read more >>


PERM 101: Alternative Minimum Requirements under PERM

The PERM application Form 9089 and the Prevailing Wage Form 9041 have specific rules, interpretations and policies that control the Employer’s minimum requirements, including education, training, experience and special requirements.

read more >>


PERM 101 : Alternatives to Certification

Under the employment-based categories for foreign workers, a certification of no-availability is required in the form of a PERM approval processed by the U.S. Department of Labor.  Applications certified by DOL can then be used to file immigration visa petitions in the 2nd or 3rd preference category.

read more >>


PERM 101:Exploring Supervised Recruitment

PERM Practice has evolved since March 28, 2005, when the DOL launched it as a miracle solution to the extensive backlogs that existed at that time. To refresh your memory, the permanent alien labor certification program was bogged down in the bureaucracy of state and federal departments of labor, which had extensive and inexplicable delays in processing, sometimes in excess of five years.

read more >>


PERM 101: Professional Athletes

According to USCIS guidelines, "arts" have been interpreted to include "athletics," thus permitting petitions for athletes under the first three employment immigrant visa categories.

Some professional athletes can be processed for permanent residency under the EB-1 category for extraordinary ability in the sciences, arts, education, business or athletics, and therefore do not require a PERM application.

read more >>


PERM 101: What is BALCA and How Does It Work?

BALCA - the Board of Alien Labor Certification Appeals - was created by regulation on April 8, 1987, to review decisions from Certifying Officers. The intention of the Board was to create uniformity and consistency in the review process by administrative law judges, however, it is important to note that BALCA decisions are not precedent in nature nor are Certifying Officers required to follow BALCA decisions.

read more >>


PERM 101: A Close Look at the PERM Rule.

Anyone who wants to prepare, file and process PERM applications should have a copy of the regulations (20 CFR 656)  at their side.  Collectively called “The PERM Rule,” the regulations became effective on March 28, 2005, but have been amended at different times thereafter.

read more >>


PERM 101: Understanding Professional Occupations

In the Preamble to the PERM Rule we find Appendix A, “Education and Training Categories by O*Net-SOC Occupation.” The Appendix is not codified in the Code of Federal Regulations. This means that the only place the Appendix appears is in the Preamble to the PERM Rule or in references to the Appendix in subsequent memos, such as the May 9, 2005, revision of the Prevailing Wage Memorandum.

read more >>


PERM 101: Advertising Hints and Tips

The DOL has given advertising guidance in several different sets of questions and answers in the form of FAQ’s and in conversations with stakeholders at conferences and meetings, but industry practice and common sense are also important factors to take into consideration.

read more >>


PERM 101: Do’s and Don’ts in Contacting US Workers

As explained last month, employers must conduct a good faith recruitment to find suitable US workers.  This requirement is well developed in DOL Regulations, Decisions of the Board of Alien Labor Certification Appeals, Instructions on the PERM Form 9089, Frequently Asked Questions, Stakeholder Meetings and Memoranda of the Department of Labor.

read more >>


PERM 101: Referrals, Applications and US Workers

There is a distinction between job referrals and job applications in PERM processing. Referrals may be persons who have been referred to the Employer, but they must perfect an application procedure before they may be considered to be bona fide applicants for the job.

read more >>


Advertising Requirements for Professionals: Part II

Previously we discussed the first three types of professional recruitment: (1) Job Fairs, (2) Employer’s Web site, (3) Job Search Website other than employer’s, (4) On-campus Recruiting, and (5) Trade or Professional Organizations.

This month we continue with a discussion of the five remaining types of Professional Recruitment, including Private Employment Firms, Employee Referral Program with incentives, Campus Placement Offices, Local and Ethnic newspapers, and Radio and Television Advertisements

read more >>


Advertising Requirements for Professionals: Part 1

At first glance, this topic with 10 methods of recruitment and advertising for professionals appears easy because professional recruitment is described with great brevity in the regulations. However, upon further examination, it becomes apparent that the requirements and methods of reporting are complex and anomalous. We will cover the first five forms of Professional Advertising this month, and the remaining five next month.

read more >>


PERM 101: Advertising Requirements for Non-Professionals

The PERM Rule defines Non-Professionals as persons who are not Professionals, and Professionals are defined as those persons whose occupations are on a Schedule maintained by the DOL. The Federal Register refers to this list as Schedule A in the Preamble to the PERM Rule of December 27, 2004, but the same list is reproduced as Schedule D in the Prevailing Wage Guidance (FAQ) dated May 9, 2005.

read more >>


PERM: What is a Notice of Filing?

Many persons think that a Notice of Filing is part of the recruitment process, because it has to be posted on the wall at the Employer’s place of business for 10 working days  but in actual fact, the Notice of Filing is just an opportunity for the public, especially employees at the work-place, to be informed that the Employer is offering a position to an alien worker.

read more >>


PERM 101. What does "Professional" Mean?

Under the PERM Rule, the word "professional" is a term of art that refers to a list of occupations which the DOL considers to be "professional.” This meaning is not the same as the one used by USCIS in Employment based Immigrant Preference classifications or in three-to-one equivalencies under the H-1B Rule.

read more >>


Perm 101: Special Requirements

Special requirements, as the name suggests, are unusual because they are not normal in the U.S. to perform the job duties for a specific occupation. The PERM Rule does not deal with this topic systematically, so we need to cull information from different parts of the regulations.

read more >>


Prevailing Wage Determinations by Policy Guidance

The basic resource on the subject of prevailing wage determinations is the U.S. Department of Labor’s "Prevailing Wage Determination Policy Guidance, Nonagricultural Immigration Programs" (with Appendices) of May 9, 2005. 

read more >>


Filing a Prevailing Wage Request

The National Prevailing Wage and Helpdesk Center (NPWHC) of the U.S. Department of Labor now administers the prevailing wage determination (PWD) process. In December, 2009, the NPWHC issued a set of Frequently Asked Questions (FAQ) that every practitioner should consult.

read more >>


Minimum vs. Restrictive Requirements

Because the PERM Rule states that employer requirements to perform job duties must be minimal and must be established to find entry level, or minimally qualified workers, and not highly qualified workers, discriminating and rigorous requirements for PERM occupations are in violation of government standards.

read more >>


The Occupation : Which Jobs May be Offered?

The US Department of Labor has categorized all the jobs in the USA into a catalog format. For many years, the Dictionary of Occupational Titles was the repository of all these jobs (more than 10,000 strong) but with the advent of PERM...

read more >>


Adnet Presents PERM 101

Starting with the next edition, Adnet now offers PERM 101, a course on labor certification practice, as part of its monthly newsletter for newcomers and old-timers alike.

read more >>


Adnet Presents PERM 101 : The Alien: Who Is Qualified for PERM?

Opinions vary among attorneys and employers as to who may be qualified to apply for labor certification under PERM. One school of thought is that the alien must possess extremely unusual qualifications that no workers in the United States possess. The other school of thought is that anyone may apply for certification, even workers without any qualifications at all!

read more >>


Adnet Presents PERM 101 : Who may be a PERM Employer?

The PERM Rule defines an employer as a person, association, firm, or a corporation that currently has a location within the United States to which U.S. workers may be referred for employment and that proposes to employ a full-time employee at a place within the United States, or the authorized representative of such a person, association, firm, or corporation.

read more >>


PERM in the "No Vacation Nation!"

I saw an article on a TV news journal called "No Vacation Nation!"  They compared the culture of vacation in various countries.
The US has among the lowest vacation times in the world. According to the journal, we’re a bunch of workaholics.

I saw an article on a TV news journal called "No Vacation Nation!"  They compared the culture of vacation in various countries.

read more >>


PERM Approval: Anatomy of a Failed Case

I was asked to review a file this weekend. The application was made for a specialty cook, and the PERM application was approved. The problem arose when the I-140 was filed.

read more >>


PERM & I-140 Preference Petitions

It is good to be reminded that PERM is only used for 2nd and 3rd preference I-140 petitions, and not for 1st, 4th or 5th preference.

read more >>


PERM: Where Have all the O*Nets Gone?

It's no secret that O*Net is a constantly changing database, with new interpretations appearing almost every day of the week!

read more >>


PERM: The Kanter Conundrum

Many thanks to Ann Kantor, a colleague from Sacramento, California, for sharing an interesting Prevailing Wage issue with us.

In California,  the State Workfoce Agency issued a Prevailing Wage Determination for only 90 days.

read more >>


PERM "Wage Offer" to Whom?

There is a question on the PERM Form that inquires "Wage Offer". The question, located in Part G on Form 9089, is different from another question, "Wage Range." There is also a third question, "Prevailing Wage," which may be neither of the above.

read more >>


Unauthorized or Unpaid Employment for PERM!

I received a two-part question regarding alien qualifications fora PERM and employment based immigrant visa petitions:

1. Can unpaid employment "count" for experience for a labor certification application?

read more >>


Bachelor's Equivalency: H-1b Standard vs. PERM!

An Employer recently lamented a PERM Denial. The Employer offered a position of Operations Manger with requirement of a Bachelor's Degree plus two years experience OR 12 years experience (in lieu of a Bachelor's Degree) plus two years experience in a PERM application.

read more >>


PERM: Prevailing Wage Validity Was Valid for Only 90 Days!

I received a question about the prevailing wage Validity Period for PERM:

The attorney recently received a PERM case denied because the adjudicator stated that, according to Section 656.40(c) "to use a SWA prevailing wage determination, employers must begin recruitment or file their application within the validity period specified by the SWA."

read more >>


Motion to Reconsider: PERM

Here is an example of a Motion to Reconsider that may be used if the PERM Form 9089 has the wrong dates for recruitment. This Motion is in accordance with recent DOL Guidelines that authorize reconsideration in some types of cases.

read more >>


More about bumping up to 2nd Preference with PERM!

Last week I stirred up quite a hornet’s nest with a Blog about third preference skilled workers who can "bump" up to second preference.  There is definitely a lot of interest in this subject, due to the current backlog of 3rd preference -- almost seven years -- and the current availability (no backlog) of 2nd preference visas for most countries.

read more >>


Bump Yourself Up to 2nd Preference with PERM!

Many people are currently in the unfortunate situation of waiting for permanent residence on the third preference with a backlog of many years and no way to bring their cases to a happy conclusion.

read more >>


The PERM and Exceptional Ability Quandry: A Solution?

In previous weeks we discussed the possibility of filing 2nd preference exceptional ability petitions for third preference cases containing minimum requirements in accordance with DOL standards.

We noted that the DHS rule states,

read more >>


Revocation of PERM and/or I-140

A PERM case can be revoked for almost any reason. Most people think that it should be revoked only for fraud, while this was true for labor certifications filed before PERM (March 28, 2005), under the PERM Rule, an approved labor certification can be revoked for a simple error.

read more >>


Is Your PERM Case Ready to File an Immigrant Visa Petition?

PERM cases, approved by the U.S. Department of Labor, are the first step in the process to become a U.S. Resident. The procedure requires the Employer to file an application for PERM, and then an I-140 Immigrant Visa Petition with the U.S.C.I.S. (Department of Homeland Security). In both these instances, the Employer is the one who must take action on behalf of the alien beneficiary.

read more >>


Who Can File a PERM Case?

Almost any Employer can file a PERM case.

According, to Federal regulations the Employer can be a corporation, partnership (including joint venture) or sole proprietorship, and can also be either a US entity or foreign, except that foreign entities need to have a location in the US where workers can be referred for interview, plus a FEIN (Federal Employment Identification Number).

read more >>


PERM Prevailing Wage: Is It Working?

We previously wrote about the fact that the federal government would take over the prevailing wage function of PERM. The change would remove this function from the state governments.

read more >>


Motions to Reconsideration and Appeals Under the PERM Rule

The original PERM rule in 2005 stated that if an application is denied, the employer may file a Motion to Reconsideration (MTR).

However, according to the Rule, the Employer could not include any evidence that was not previously submitted to DOL.

read more >>


Does PERM Have a National Origin Bias?

I first got the idea of possible bias in Labor Certification processing when I noticed years ago that many of the NOFs (Notices of Findings) and Denials of labor certification applications were issued to Employers and Aliens with certain kinds of national origin.

read more >>


BALCA Holds PERM Errors Not Material

Just when we thought we understood that errors are not permitted in PERM applications -- that the forms must be completed 100% with all the i's dotted and the t's crossed to the point of zero tolerance, and just when we thought that motions to reconsider may include new evidence in the nature of motions to reopen, BALCA has opened the door once again to a more liberal interpretation of non-material errors on Form 9089.

read more >>


Changes of Address or Representation on PERM Form 9089

Many people are still confused about the way to make changes of address, name or attorney representation on a PERM application.

The DOL has tried to clarify this in its Frequently Asked Questions.

read more >>


File I-140 within 180 Days After PERM Approval

The PERM regulation requires that an I-140 petition for an approved PERM case be filed within 180 days after approval of the labor certification.

The 180 days can pass very quickly, and many unwary employers and/or attorneys find themselves with little time to file the petition and even miss the deadline.

read more >>


PERM Process: Copies of Ads are OK!

In the pre-PERM law (until March 28, 2005), the Department of Labor's regulations were very specific about photocopies of ads. No photocopies were accepted. Only originals tear sheets!

read more >>


  

Call : 212-587-3164
Fax : 212-406-4648
Mail : information@adnet-nyc.com
Blog : http://blog.adnet-nyc.com

 Adnet Advertising Agency Inc. BBB Business Review