When a business is thinking about hiring a foreign employee, they need to go through a process of creating permanent (PERM) labor certification ads. This is part of the much larger PERM process but it is by far one of the most important steps since a single mistake made while creating or publishing the immigration labor advertising can result in the entire application being rejected. Therefore, it is absolutely crucial that a company not only follows the correct steps for immigration advertising but also during the rest of the PERM process as well.
Unfortunately, a lot of mistakes are often made during the procedure, with some of them being far more common than others. In order to help businesses avoid these issues, here is a list of some of the most common PERM application mistakes that are often made.
Putting Down Wrong Information on the ETA Form 9089
There is a lot of paperwork that is a regular part of completing the PERM process. As a result of this seemingly endless mountain of paperwork that needs to be filled out, it is quite common for someone to overlook a small field of information on a specific form and enter the wrong thing. Unfortunately, this is a very big deal to make during any part of the PERM application process but becomes even more serious when filling out the ETA Form 9089.
This particular form is very long and requires a ton of different information to be filled in. So if someone at the company enters some information that is incorrect, then it will likely require them to not only start the entire application over again but also start the entire process over again.
This is because the Department of Labor does not simply make a company restart a specific step of the PERM application process when a mistake is made. Instead, they forced the company to restart the entire process altogether, which can set them back weeks or even months.
It is also important for businesses to know that there is no problem that is too small for the Department of Labor to pick up on when it comes to the ETA Form 9089. Some employers mistakenly believed that if they happened to overlook a very small issue like accidentally swapping one vowel for another in a person’s name or forgetting to add a digit in the individual’s address, then it will not be something that will get the entire application rejected. However, this is exactly the type of thing that the Department of Labor regularly picks up on and will reject an entire application for.
Therefore, it is incredibly important that a business does not make even a single mistake on the entire ETA Form 9089 and ensures that they are thoroughly looking it over, preferably multiple times and by multiple people. This should allow them to pick up on any mistakes that have been made and has the advantage of getting a fresh pair of eyes to look it over, which is often useful when it comes to catching errors on any kind of paperwork that someone else has spent several hours working on for the past day or two.
Forgetting to Keep Copies of All Documents
As previously mentioned, there are many different documents involved in the PERM process. Every one of these documents is incredibly important and a copy should be kept by the employer whenever they submit it to the appropriate agency.
Far too often, a business will simply finish filling out a document and then submit it without keeping a copy for themselves. This means that if any of the government agencies involved ever needs proof that it was completed or a replacement needs to be sent out for any reason, then they do not have to spend several more hours trying to do this. Instead, they can simply pull out their copy and send whatever information needs to be sent.
Another mistake that a lot of companies tend to make is that they originally get copies of all of their documentation but then get rid of it or lose it after only a year or two. It is highly recommended that the employer keep their copies of every relevant documentation in a safe place where they will remember its location for as much as five years after submitting the ETA Form 9089. This will help to make sure that they have saved the documents for long enough to account for any inquiry made by the government.
It is important for companies to realize that this documentation includes far form than just the ETA Form 9089 and also includes things like any received resumes, copies of the immigration labor advertising, and so much more. So they need to make sure to set aside a safe and secure location to put these document copies for five years in order to ensure that they are never hit with any fines by the Department of Labor.
Posting the Advertisements on the Wrong Days
When it comes to publishing immigration advertising, there are certain criteria that need to be followed in order to meet government regulations. One of the most important sets of criteria is that they need to be included in very specific editions of a local newspaper. Without this step being completed, it will result in the Department of Labor rejecting the application and the entire process needing to be started from the very beginning.
These newspaper editions need to occur on different days, which need to be Sunday editions. There are some companies that fail to realize this and decide to publish their permanent labor certification ads in newspaper editions on two random days. The specified editions are on Sunday because this is when most people are looking through the newspaper for job openings. So if they do not make sure to meet this criterion exactly, then it will result in the Department of Labor likely rejecting their application and preventing them from hiring their foreign employee.
