This Article addresses the defense of permanent resident aliens whose status is being challenged due to alleged defects or ineligibility surrounding the original labor certification process. These issues include such matters as not reporting to the sponsoring employer, terminating employment with the sponsor shortly after immigrating, not having the claimed or required experience, not being paid the required wage, or not having a validly issued alien labor certification. The analysis pf these issues and the possible defenses available vary depending on the procedural context in which the issue was raised. The article discusses these various factual patterns and possible defenses available. The state of the law in the area is far from precise and has not been crystallized by the Board of immigration appeals. Thus, it appears that a good faith intention at the time of immigration is crucial. Lastly, the Article emphasizes the importance of practicing preventative law to prevent the issues developed in this article from arising.
Richard D. Steel,
In Defense of the Permanent Resident: Alleged Defects Relating to Alien Labor Certifications,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol19/iss1/5