Following through with the complexities of a PERM application takes exceptional foresight, clarity in language, and the organizational ability to keep everything together in a concise timeline. Even the most productive and organized HR departments have to come to terms with the challenges of PERM, because it is all too common for one little thing to go wrong and an audit comes through the mail. While audits do not necessarily spell the end of the application, they certainly make it take a lot longer and cost much more.
Here are three of the most common errors that the DOL will notice in a PERM application. Double and triple checking these components with the foreign national and a lawyer is the best thing an employer can do before submitting the documents.
The Employer Has Not Looked Over the Forms with the Foreign National – The file that determines the eligibility of the foreign national is referred to as the ETA 9089. This form must be done to perfection, as it essentially justifies the qualifications of the foreign national for the job at hand. One common theme running throughout successful PERM applications is that employer and foreign national were actively involved in the filing process.
This might seem like an obvious thing to do, but in some cases is extremely costly. A lot of the time it means the employer must fly someone out to meet with the foreign national in their home country. However, it’s immensely important that a meeting is held before any paper is done, just to make sure that everything is done concurrently, thus speeding up the process. In the ETA, it is the responsibility of the foreign national to collect and submit all relevant work experience and educational documentation. If this is done in a timely manner, and the employer knows when the ETA has been submitted, they can submit their recruitment evidence in the same week, thus making it easier for the DOL to process the application within 90 days.
Employers Need To Get a Federal Employer Identification Number – This is to ensure that the employee is recognized in the federal databases when the ETA 9089 form is submitted.
Not Respecting the Timeline – The DOL clearly states that the recruitment must be placed more than 30 days before filing, but no more than 180 days. All permanent labor certification ads must be completed before the submission of the file to ensure that interested parties can apply and possibly negate the purpose of the application. Failure to respect this timeline will always lead to a rejection.
Employers should stay up to date with PERM specifications as there has been plenty of criticism and debate about how to change the filing system in the interest of simplifying the application process.
