Friday, March 29, 2019

The Basics of Attaining PERM Labor Certification for Foreign Employees

A partner at Fragomen, Del Rey, Bernsen & Loewy, Rodney Malpert serves clients from the firm’s Phoenix, Arizona office. Specializing in employment-related immigration law, Rodney Malpert assists clients with attaining National Interest Waivers, H1B Visas, and PERM Labor Certification.

As the name entails, PERM Labor Certification is a legal status that allows American employers to hire foreign nationals as permanent employees in the U.S. To start the process, the employer obtains a certified labor certification application from the Department of Labor’s Employment and Training Administration. Designed to ensure that qualified American workers don’t suffer from international recruitment, this application certifies that there is a lack of sufficient U.S. workers who are qualified and available to accept the job opportunity. 

Then, the U.S. employer submits an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). To qualify for PERM Labor Certification, the employer must have a full-time position available with job requirements that are customary for the industry, and not tailored to the foreign worker's qualifications. In addition, the employer is required to pay the prevailing wage for the occupation to the foreign employee.

Thursday, February 21, 2019

National Interest Waivers Explained

A partner in the law firm of Fragomen, Del Rey, Bernsen & Loewy, LLP, in Phoenix, Rodney Malpert assists immigrants wishing to find employment in the United States. Rodney Malpert frequently recommends that they apply for a National Interest Waiver.

As an alternative to the labor certification process, immigrants with unusual skills may file a National Interest Waiver (NIW) application. The United States Citizenship and Immigration Service grants NIWs to applicants who can prove that hiring them would benefit American economic and social interests. Applicants can request an NIW on their own or with the assistance of an employer; a job offer is not required.

NIWs represent a good choice for persons holding or seeking advanced degrees, such as PhD caandidates and those in and post-doctoral fellowships, or those having exceptional ability in business or the arts. They must possess unique and exceptional skills that cannot be matched by an American worker with similar basic qualifications. Their talents must benefit the entire nation, not just a specific area.

Other admission criteria include the enhancement of educational and housing opportunities for marginalized Americans, improvements to the environment and healthcare of the nation, and the potential to increase the earnings of American workers. Additionally, a governmental agency’s interest in hiring a foreign applicant would work in the applicant’s favor.

However, stricter immigration policies have offset the NIW’s advantages. Complicating the process are differences in adjudication policies between the Nebraska and Texas offices that handle all requests. In In all cases, expert legal advice can improve the chances of success.

Monday, January 14, 2019

A Brief Overview of Nonimmigrant Work Visas

Friday, October 12, 2018

AILA Opposes Immigration Court Quotas

Holding a juris doctor from Cornell Law School, Rodney Malpert has served as a partner with Fragomen, Del Rey, Bernsen & Loewy in Phoenix, Arizona, for more than a decade. Alongside his everyday work with clients, Rodney Malpert stays engaged with his profession through membership in the American Immigration Lawyers Association (AILA).

In October 2018, the United States Department of Justice (DOJ) began enforcement of a quota system for federal immigration judges. Under the new rules, these judges must complete at least 700 cases on an annual basis or be subject to discipline by the DOJ. In response to these new regulations, AILA once again called upon federal authorities to create a new, independent immigration court. 

In her comments, AILA president Anastasia Tonello said that the new regulations put judges in a position where they have to make premature decisions in cases or risk facing discipline. As a result, the due process of those who come before these courts is violated on a de facto basis, denying them fundamental fairness.

Monday, July 16, 2018

EB-1: Visas for Skilled Professionals and Extraordinary Achievers

A partner at Fragomen, Del Rey, Bernsen & Loewy, Rodney Malpert assists clients seeking expertise in corporate immigration. Rodney Malpert has spoken on topics related to EB-1 visas, also known as permanent residency visas.

EB-1 (employment-based) visas are designed for persons from other nations who work for foreign companies with locations in the United States. Applicants do not have to prove that no American citizens can perform their job.

“Aliens of extraordinary ability” can apply for permanent residency, without having a company sponsor them. Achievements that qualify individuals for extraordinary ability status range from academic articles and scientific innovation to athletic accomplishments and art shown in galleries. Alternately, high-achieving professors can be given EB-1 visas if they have at least three years in their position. 

Employers seeking EB-1 visas for executives and managers must be based in the US and in business for at least one year. Applicants must have worked outside the US for the company for at least one out of the past three years. 

Additional EB visas include the EB-2, for professionals with at least five years of experience and a master’s degree or higher. EB-3 visas are meant for skilled workers with at least two years of experience in a service not easily available already.

Tuesday, May 29, 2018

Council for Global Immigration - Background and History

Cornell Law alumnus and business immigration attorney Rodney Malpert has been a partner at the respected immigration law firm Fragomen, Del Rey, Bernsen & Loewy since 2008. Rodney Malpert is well-versed in employment-based immigration law and has been asked to share his expertise by a number of professional organizations, including the Council for Global Immigration (CFGI).

Over 230 organizations from various industries and sectors are members of CFGI. The nonprofit association has focused on employer-sponsored immigration policies and global human resource management since 1972.

CFGI addresses the priorities of large companies and universities by developing and advancing immigration policies that help attract highly skilled talent from around the world. The council advocates for fair recruitment policies and simplified hiring regulations for employers who consistently demonstrate compliance. 

CFGI also creates informational guides to help HR departments and hiring managers understand and comply with U.S. immigration laws. The association is based in Alexandria, Virginia, and led by executive director Lynn Shotwell, a mobility expert with a background in immigration law.

Friday, May 18, 2018

American Immigration Lawyers Association - 2018 Fall CLE Conference

A graduate of Cornell University with a law degree, Rodney Malpert serves as a partner at Fragomen, Del Rey, Bernsen & Loewy, LLP, in Phoenix, Arizona. Alongside his role at the immigration firm, Rodney Malpert maintains membership in the American Immigration Lawyers Association (AILA), which will hold its next Fall Continuing Legal Education (CLE) Conference on October 5, 2018. 

The AILA’s next Fall CLE Conference will take place at the Kensington Hotel in London. The first ever AILA conference to be held in Europe, the event will feature two education tracks and allow participants to explore U.S. immigration laws in comparison to immigration laws in the European Union. 

Session titles include Inside the Embassy and the Role of the U.S. Attorney; Nonimmigrant Visa Waivers: Overcoming Inadmissibility Obstacles and Delays; and Dollars, Pounds, and Euros: The Economics of the Global Practice of U.S. Immigration Law. Participants can earn at least seven CLE credits for each session they attend, with sessions lasting from 50 to 60 minutes. 

Following the meeting, participants can enjoy all that the Kensington area of London has to offer, including museums, the Kensington Gardens, and even the new US Embassy. 

To learn more about the AILA and its upcoming continuing education events, visit