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July-August 2013

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NAVIGATE RESOURCES: Table of Contents InfoNet aila.org Find a Member ? ! Contact a Mentor Shop Agora FOR MORE ON PERM: AILA's Guide to PERM Labor Certification ted documentation, the employer could supplement the appeal file with a copy of the complete paper file. Additionally, because a supplement can only include documentation that was submitted to the CO before the final determination (20 CFR §656.26(b)(3)), consider explaining when and how the documents in the supplement were submitted to the CO—ideally, by relying on contextual clues already existing in the appeal file. For example, was the document listed in the cover letter to the audit response? Is there other evidence in the appeal file that suggests that the omitted documentation was previously submitted? Format of a Supplement to the Appeal File The CO transmits the appeal file to BALCA electronically. See, e.g., Matter of Lindsborg Cmty. Hosp. Ass'n, 2012-PER-3395, at 2 (BALCA Sept. 19, 2012). Thus, any voluminous supplement to the appeal file also should be provided in an electronic format, such as on a CD, preferably with consecutive pagination for ease of citation. The employer must send a copy of any supplement to the associate solicitor. See 20 CFR §656.26(b)(3). The regulations do not specify a deadline for supplementing the appeal file. BALCA has previously noted that waiting until after the completion of briefing is Purchase > Immigration Litigation Toolbox (Downloadable) Purchase > "too late." Matter of Thomas Jefferson Univ., 2010-PER1400, at 10. The best practice would be to submit any supplement no later than with the employer's Statement of Intent to Proceed, which is filed after BALCA dockets the appeal. Conclusion The appeal file is an important component of any PERM appeal. Analyzing this file early—and ensuring its accuracy—will allow practitioners to put their clients in the best position for success at BALCA. Jonathan L. Moore is an attorney with McCandlish Holton, PC in Richmond, VA. The author's views do not necessarily represent the views of AILA nor do they constitute legal advice or representation. 2013 AILA PERM Conference PERM from Basics to Advanced Topics: Latest Trends and Tips Get Your Conference Recordings Now! Purchase > J ULY/ A UGUST 2013 11

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