Employers Get More Days for PERM Application
The “PERM” stands for “Program Electronic Review Management,” through which companies obtain labor certifications for their employees as part of the green card process. Typically, the process of certifying and filing can take up to two to three months for un-audited cases or even up to eight months for audited cases. With comprehensive and stringent regulations such as these, employers dread receiving a notice from The U.S. Department of Labor (DOL) that their PERM application has been denied due to a trivial mistake.
Here are some common pitfalls that companies should avoid when sponsoring foreign nationals:
Flawed Recruitment Efforts
Companies must advertise a vacant position within the first six months before the labor certification is filed and then 30 days before the certification filing. Employers must advertise through the state workforce agency and advertisements in the newspaper in local region. When companies fail to advertise in both of these ways it may end in application denial.
Inaccurate Job descriptions
Employers must be careful that the job descriptions they put out into the media do not require extremely high job experience, knowledge, or skills designed to turn away those who are not sponsored foreign nationals. On the other end of the spectrum, employers must also be careful that skills that they are seeking are not tailored specifically to sponsored foreign nationals.
Employers must be able to prove that they will be able to pay their employee the prevailing wage for a particular position and can afford it. This measure is essentially intended to benefit employees by making sure that they receive adequate compensation for the job they will be performing. In addition, it also ensures that the wages in the job market remain competitive.
The prevalent regulation also looks into recent layoffs at the relevant organization. If the DOL finds out that the employer has recently laid off an employee only to hire a sponsored foreign national immediately, this may raise red flags and draw suspicion that the company is merely exploiting foreign labor.
These Labor Cert Test requirements have been enforced to ensure the safety and competitiveness of the U.S. job market and the sponsored nationals alike. While these requirements can be difficult to put into effect, in time, recent changes by the DOL may allow this process to take place in a more seamless manner. The DOL has recently extended the deadline for this process by requiring employers to confirm sponsorship of a PERM application in 30 days, now, instead of 7, overall 23 days’ extension. What this now means is that employers will have additional time to complete these applications, ensuring that all the information submitted on the application is correct, verified, and can meet all of the requirements. This stands to benefit employers and their sponsored employees alike by eliminating common pitfalls and expediting this process.
The information shared in this article provides general information only, and not professional advice. If you need to consult on international expansion of your business or have specific questions about PERM Application, please send an email to firstname.lastname@example.org or dial +1-801-821-4905 to speak to one of our experts.