Expert insights and news on U.S. immigration law.
May 15, 2026
Publications
The article discusses how DOL's redesigned ETA 9089 form now forces employers to affirmatively address (or challenge via redetermination) any "combination of occupations" flag from a prevailing wage determination, and walks through the regulatory framework and BALCA caselaw employers can use to defend against restrictive combination findings.
November 1, 2023
Publications
The article traces the Kellogg rule's origin, DOL's partial PERM codification of it, and key BALCA decisions (Federal Insurance, Agma Systems, Globalnet Management, ST Mobile Aerospace) to give employers concrete guidance on when the Kellogg "any suitable combination" language must be used, when it's inapplicable, and how to structure substantially equivalent primary/alternative job requirements to withstand PERM audit scrutiny.
November 1, 2023
Publications
This article analyzes PERM's "infeasibility-to-train" exception (20 CFR §656.17(i)(3)(ii)), showing through BALCA case law that employers can qualify a foreign worker for permanent residence using employer-provided on-the-job training when changed circumstances—personnel losses, technological shifts, or third-party actions like lost accreditation—make it no longer feasible to train a replacement U.S. worker.