The application process revolving around PERM could be challenging. Some would say that it is one of the most complicated aspects of seeking and offering employment to foreign nationals who are non-US residents. After investing a lot of their time, resources, and energy into this application process, the last thing that employers would want is to have their application rejected by the Department of Labor simply because they made a simple mistake they could avoid. If you must know, these mistakes are not always as technical as you may have imagined. Sometimes, they are quite avoidable. And that is precisely why it is so essential to triple and sometimes even quadruple the check before you post immigration labor advertisements or PERM recruitment ads for potential employees.
It is important to note that once you submit an application to DOL, it cannot be altered or modified in any way. So, if you want your application to hit the mark the first time around, it is recommended that you avoid some mistakes. Let’s analyze some of these mistakes.
Failure to Double Check: Typing Errors and Spelling Mistakes
Typically, typing and spelling errors appear on the ETA form 9089, which is submitted via the internet. It cannot be presented in paper form, making the online channels its only form of submission. Errors in the form means the information will be displayed incorrectly in front of the DOL. People with minimal typing experience are especially vulnerable here, but even the most experienced typers need to check well before submitting the form.
It would help if you have a spell check installed on your computer, but if you don’t, you can easily use an online word editor for your content to ensure that no word is misspelled or typed in error. Keep in mind that while these editors can be beneficial, they won’t do you much good when it comes to correcting mistakes revolving around unique names. Sometimes, even place names will fly under the radar the first time around. It is entirely dependent on the employer typing the content to check it repeatedly to ensure that the information added is correct. Failure to do so may result in refilling the form all over again for an entirely new application, as the first one will potentially be rejected.
Failure to Include Required Information
Any application which fails to include the required information an employer is supposed to provide will by default be rejected, so try to make sure that you cross all the Ts and dot all the Is. It is only when the application is complete with the information required for the immigration advertising, that it will even be considered. Even with that, it is not guaranteed that the officer will approve it. Though it seems pretty standard, most employers are forgetful about declaring the potential employee’s past work experience while filling out the ETA form 9089. This information is present on pages six to eight and requires meticulous attention to detail. The employers here must make sure that they provide all of the employee’s former and current work experience, which includes;
- Names of employers
- Dates of employment
- Contact information
- Job titles
It is the contact information that many employers forget to mention, resulting in the rejection of the overall application. It is a tiny but essential detail.
Failure to Respond to the DOL Questionnaire
An employer’s job doesn’t end after they have filled the ETA form 9089. They need to think again if they want to have any chance of hiring an employee from overseas with a work-based green card. After the successful electronic submission, the employers can expect to receive an email from the Department of Labor. This email is always addressed to the email provided on the form, so all employers should be careful about the email address they mention and continue to check it rather frequently. This is not your average questionnaire after the use of a service that you can ignore!
The purpose of this email is more confirmation of the employer’s identity than the questions in the questionnaire. The DOL wants to ensure that the person receiving the email is the same as the person who used it in the form. From the day that you receive the email, you have one week until your application is outrightly denied. There are two reasons why many employers fail to complete this email sent by the DOL.
- It ends up in the junk box. This means that all employers should always check this mailbox after submitting the ETA form 9089 and its confirmation has been received.
- They put it off to complete later. This is potentially worse than the first reason, and it is a prevalent mistake that employers make. Unless they specifically send a reminder to complete the form on a specific day and time, they should complete and send the form back as soon as they have received it to make progress on their application.
Employers Mention Incorrect Dates
The application requires an estimate or an approximate fly date for specific forms not included in the PERM application. Employers mustn’t mention incorrect dates because these forms are tied to their PERM application. A mistake like this could cost them a delay of weeks and even months if the Department of Labor catches the discrepancy. Employers must also be mindful about completing their application within the validity period allowed to ensure it is not rejected.
Reading these factors, you might think they are prevalent mistakes but can easily be avoided. Yes, by the vigilant ones who keep an eye out for them, for sure! Which category do you fall into?