As many employers, lawyers, and foreign nationals know, the PERM application process is full of little details that can make or break the bid. The foundation of the application is two fold. The first is the proof that an ad campaign has been run for the prospective worker’s job. These ads must follow specific permanent labor certification criteria or else it will be denied. The second foundation is Form 9089, which contains the entirety of the applicants claim to sponsor a foreign worker for full-time work.
Lawyers and Ad Agencies Help
Lawyers and advertisement agencies are often brought on board to help make the application process fast and easy. The lawyers know what kinds of things can and can’t be said in the application. They collect, analyze, and review all documentation before the form is submitted. An advertisement agency is often hired to oversee the specifics of the job posting. There are many categories of job that come with different job posting requirements, but no matter the job, the ad agency will have the contacts needed.
There Is Still Large Margin For Error
Even with professional help it can be tricky. In most cases, however, it’s an individual employer applying on their own that get things wrong. An employer must apply in tandem with a foreign national – who must have a full resume and credentials ready to submit – but if neither know exactly what to do then it really complicated matters.
Here is a list of common grounds for PERM denial:
Not Double Checking Form 9089 – The employer can post the file on the DOL’s website when completed. What often happens is that an employer will post the form, realize there was an error, and then have to take it down and re-submit. This does not look great to the DOL, who will then survey with added scrutiny once the form has been re-submitted.
Advertising At the Wrong Time – There are some strict dates that must be followed. For example, one requirement is that an ad must be posted in the Sunday newspaper, on two consecutive weekends, in a paper with circulation close to where the job is offered. A lot of employers misunderstand this and will post an ad in one Sunday newspaper and another on some random day of the week.
Not Including the Alien’s Previous Supervisor – The 9089 form includes the alien’s complete information: where they worked, for how long, for how much money, and etc etc. One of the requirements is to list the alien’s past supervisor, but this is mistakenly left blank in a lot of applications.
Employers should take a long time looking over the form to make sure nothing is missing, because it could be a costly mistake.
