For employers looking to bring in a permanent foreign worker, the Department of Labor regulates a program called PERM labor certification. This program is handled by an employer, who is required to conduct recruitment and place advertisements for the prospective job to ensure that no qualified U.S. workers are available for the position.
As experienced citizenship and immigration attorneys, we at the offices of Buhler Thomas Law, P.C., see a few common mistakes made during PERM applications. Here are a few of the most frequent, and how you can avoid them
The PERM process contains strict rules and time frames, including a requirement to place two Sunday advertisements in the newspaper of general circulation in the area where the job opportunity is available. Employers often make the simple mistake of placing one ad on Sunday, and another on a different day – this will lead to denial. The process specifically requires two Sundays, and as we noted, these requirements are strict and unwavering. Make sure all such date-related requirements are followed perfectly.
The alien’s past and present work supervisors must be included on forms, but for some reason, employers commonly forget this step. They’ll forget to include names and phone numbers for former employers – once again, this is a detail that will lead directly to denial. This must be done for all past work experience.
After the employer submits ETA Form 9089 to the DOL, the employer will receive an email with a questionnaire. This questionnaire is to confirm that the employer knowingly filed the form, and that the submission wasn’t the result of spam or a hacker. If an employer doesn’t submit this form within seven days of receiving it, the case will be denied.
Employers must retain all PERM documents at their office for a period of five years – at minimum, this includes prevailing wage determinations, originals of all ads placed for the position, and all resumes the employer received for the job opportunity. Non-compliance here can lead to serious fines or other penalties.
Want to learn more about PERM applications, or interested in any of our other immigration services? Speak to our immigration lawyers at Buhler Thomas Law, P.C. today.