Employee referral programs are one of the recognized recruitment methods for the Labor Certification (PERM) process. The Board of Alien Labor Certification Appeals confirmed a denial of a PERM application where the employees were not aware of the employee referral program and set clearer standard for documenting employee referral programs.  

For employee referral programs, an employer must document 1) the program offers incentives to employees for referral; 2) the program was in effect during the recruitment period; and 3) the employees were on notice of the job opening. (Matter of Sanmina-Sci, 1/19/11)

Immigration law provides special provisions for the naturalization of children who are under the age of 18. A child under the age of 18, who is a lawful permanent resident residing in the United States in the legal and physical custody of a U.S. citizen parent, may automatically acquire U.S. citizenship.

To obtain evidence of U.S. citizenship, an Application for Certificate of Citizenship, Form N-600, must be filed on behalf of the child. A child who is residing abroad, who is temporarily present in the U.S. based an any lawful admission, may be eligible to apply for naturalization while under the age of 18 if he or she has at least one parent who is a citizen of the United States, and the parent (or qualifying grandparent) meets certain physical presence requirements in the United States. There are exemptions benefiting children of active-duty members of the military stationed abroad.

Te Board of Alien Labor Certification Appeals confirmed a denial of a PERM application where the employer failed to file the application or commence recruitment during the prevailing wage validity period. (Matter of Quadrille Wallpapers, 12/15/10). As one can see from this decision, prevailing wage determinations play a central role in PERM process. Not only the amount of the wage but also the prevailing wage validity period need to be closely watched and observed for a PERM application to be successful.

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