Applying for PERM is a timely and stressful affair. Employers might know that they need to hire a specialist to fill a key role in their company, but they may also be discouraged by how much work it takes to even get a shot at hiring this individual. Consider that, if all things go as planned, a PERM application takes approximately six months from the initial application for the prevailing wage determination to a final assessment of the ETA-9089 form. Then there is the question of whether or not the final assessment is affirmative or not. Many companies either do not have the manpower, financial power, or time to put into such an endeavor.
This is unfortunate because applying for the PERM does not have to be done all on the employer’s own. In reality, all a company really needs is a bit of capital to hire an attorney. There are countless law offices across the States that specialize in permanent labor certification application procedures, from the crafting of specific job ads to the filing of the ETA-9089 form. Here are a few reasons it makes sense to work with an attorney on a PERM application:
It Saves Time – Nothing is more valuable to a company that time. If they need to delegate 20 hrs a week to an HR person to figure out the PERM information, that is 20 hrs they could otherwise have spent improving the internal efficiency of the company. Not only that, the HR delegate would have to put in countless hours of research to ensure all the paperwork is done correctly.
Working with an expert attorney will help the HR person learn everything in a short space of time. The attorney can show the HR person all the tricks to an application that the DOL will not specify.
Improves Likelihood of Success – Nothing improves the likelihood of success like working with an expert PERM attorney. These attorneys will put the work in. They will know relevant case histories of applications that were denied by the DOL. Having this background information will make the application far stronger, as each industry comes with it’s own specific set of nuances.
Increases Legitimacy in the Eyes of the Court – The legal system likes to see that it is given the utmost respect. An employer who thinks they can do all the paperwork themselves without the guidance of an attorney is brave, but also a little bit foolish. The cost of paying an attorney to manage the application will look really good on an application. The judge will recognize the law office and, as a result, give the proposal a bit more respect.
The reality of PERM applications is that many end up being tried in court. There are often misunderstandings in the legal interpretation of an application. An attorney that has represented the employer from the beginning of the process will be a real asset in the courtroom.
