The PERM application process can be a complicated one, and the last thing that US employers want after investing all that time, energy, and resources into the process of posting immigration advertising and permanent labor certification ads is to end up having their application rejected as a result of a technical error.
This is why it is important to double, triple, and quadruple check that application for any of the following errors before submitting it to the Department of Labor (DOL) for processing. Remember, that once an application is sent in, it can not be modified or altered, so it is important to get it right and get it right the first time.
With that in mind, these are some of the most common mistakes employees make on the PERM applications that anybody who has gone through the immigration labor advertising process and is hoping to sponsor a foreign employee will definitely want to avoid.
Typing Errors and Spelling Mistakes
These types of errors most commonly appear on the ETA Form 9089, which is completed and submitted entirely online. The fact that it is done entirely on a computer makes this particular form vulnerable to typos, which will, in turn, make some of the information supplied incorrectly. People with little typing experience need to be especially wary here, but everybody should look this one over multiple times before clicking the submit button.
If there is not already an online spelling and grammar editor installed on the computer, it can be a good idea to run each response through an online word editor just to make sure nothing is misspelled. Of course, grammar editors won’t be able to check the accuracy of names, and many place names will also fly under the radar, so it is on the employer to make sure they get these all right the first time. Keep in mind that even the most trivial mistakes can lead to a rejection that will necessitate starting the whole process over at square one, so be sure to really go over this one with a fine-tooth comb.
Forgetting to Include Requested Information
Any application package that leaves out information that the employer has been requested to provide will automatically be rejected, so it is very important to be sure to dot all the Is and cross all those Ts, so to speak, when it comes to drumming up all the information necessary to render the application completed in full.
For one reason or another, many employers fail to include an alien’s past and present work supervisors when filling out the ETA Form 9089. This information found on pages six to eight requires employers to provide all former and present work experience information for a foreign employee, and this must include the name of former employers, dates of employment, skills, job titles, and duties. In particular, the one that many employers accidentally look over is the specific contact information of the alien’s supervisor, including their name and phone number.
Unfortunately, even this little oversight will certainly result in a denied application, so be sure not to leave anything out.
Not Responding to the DOL Questionnaire Email
For those employers who think it is all over and done with when the submit the ETA Form 9089, they need to think again if they want to stand any chance of having their application successfully accepted. After the electronic submission process is complete, the employer will receive an email from the DOL. This email will be sent to the address provided on the form, so employers need to be wary of marking down an email that they do not use or check on a frequent basis.
The purpose of this email is essentially a confirmation that it is indeed the person who said they completed the form is the employer, and it needs to be completed and sent in within one week of the date it is received to prevent the outright denial of the application. The reason so many people neglect to complete this form is twofold.
First, it may accidentally end up in the junk mailbox, so employers should be sure to comb through their junk mail inbox regularly in the days following the submission of the ETA Form 9089 if they haven’t already received the confirmation. The other reason is simply putting it off to be completed later. This all too common mistake will often lead the applicant to forget entirely, and having the entire application process thrown down the drain is certainly a high price to pay for that type of little oversight. Needless to say, the best policy is to complete the form right after it is received to ensure it is submitted in a timely manner.
Incorrect Dates
While providing an estimate or approximate date might fly in other types of application processes, the PERM application process is not one of them. This is why it is so important for employers to do everything they need to do to ensure all the dates they provide are completely accurate when submitted to their PERM application. If the DOL catches any discrepancy in the dates provided, this will result in a denial. This also means it is super important to always be wary of mixing up the position of the days and the months.
Speaking of dates, yet another all-to-common error is to neglect to properly complete the application within the validity period allowed. This is why it is so important for employers to check the validity determination as soon as they receive the PWD so they know exactly what to expect in terms of timeframes. Determinations issued between the start of July and the end of March of the following year should be valid until June 30, but those issued between April 1 and June 30 of the same year will only be valid for 90 days.
