There are a number of methods to ensure a successful permanent labor certification application. While it may seem daunting to have to fill in so much information, and go through with so many recruitment steps, it must not be forgotten that the employee is worth it. They are probably the only qualified person available to perform the takes at hand anyway, so a lot is at stake. The most important thing to remember in applying for the certification is to always show that hiring a foreign national will in no way harm the opportunities of American workers. If this is comprehensibly show, and all the regulatory requirements have been met, then the application stands an excellent chance of succeeding.
Here are 5 tips to getting a permanent labor certification passed by the Department of Labor. Most companies will hire a law firm to help them apply for the PERM, so this list is directed at law firms as much as to the HR department of a business looking to file a claim:
Tip 1: Conduct the recruitment process in a certain way
Department of Labor agents want to see that a particularly thorough kind of job search has been undertaken. This means conducting interviews with potential American employees, even if they don’t jump out as ideal candidates. From the DOL’s perspective, anyone with a solid enough resume could be a perfect candidate. It’s the responsibility of the employer to conduct an interview and use the interview as evidence that the applicant is not a suitable candidate for the sought after position. Showing this depth of research will appease a DOL agent every time.
Tip 2: Keep the job requirements simple
Don’t be too generic, but also don’t get too wordy/technical. Either one will create problems with the DOA because they don’t fully understand the specifics of the job. The point is: craft a job description that is extremely specific rather than overly technical.
Tip 3: Always be consistent
Use the same wages and job advertisements at all times. Inconsistencies will be jumped on by the agent as a sign that the job is not clearly defined.
Tip 4: Audits are not the end of the world
Audits happen about 30% of the time with PERM applications. The good thing is that they do not mean the application is rejected. An audit letter will request more information about the application, meaning it is the employer’s chance to submit more documents refine their request.
Tip 5: Stay informed with agent trends
DOL agents constantly change what they focus on in applications. For example, it might be that agents look over the kinds of job ads posted by employers in their permanent labor certification application. Attorney’s working in the field should know what the hot points are at the current moment and advise their clients accordingly.
