Articles Posted in PERM

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In this video we discuss the five most common mistakes that employers make when filing a labor certification application also known as PERM.

#1: Mistakes on the ETA 9089 Form

When you prepare an ETA 9089 also known as the PERM application it is very important to check every line on that form before submitting it for certification. Employers and attorneys who are inexperienced in filing for labor certification typically make mistakes on the ETA form including typographical errors, misspellings, or other technicalities resulting in the denial of the labor certification.

Tip: double and triple check this form to make sure it is filed properly

#2: Mistakes in Placement of Advertisements

Employers and their representatives often make mistakes in the placement of ads such as placing those ads during the wrong time frame and with the wrong information, thus resulting in the denial of the labor certification.

Tip: Outline the recruitment schedule before you place any advertisement and ensure that the advertisements are placed on the correct dates and match the information provided on the forms

#3: Related Experience

Employers and representatives who prepare the forms often fail to match the employee’s past experience with the experience required for the PERM job on Section K.  If the employee’s past experience does not seem related to or almost identical to the experience required for the PERM position, the labor department will deny those applications.

Tip: Past experience must match what the person is going to be doing in the future

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In this video we breakdown the labor certification process also known as “PERM.”

Overview:

What is labor certification? Labor certification is required because the government wants to make sure that U.S. workers are not adversely affected by the employment of the foreign national, in this case the beneficiary of the application.

Step one: Filing the labor certification application

The first step in filing a labor certification application is to file a prevailing wage request with the state workforce agency. This request will inform the employer about the wage that must be paid to the foreign national for the work to be performed. Knowledge of the prevailing wage is important because it will affect advertising for the position, the prevailing wage information to be included on the immigration forms, etc. Any mistakes that occur in this step of the process can affect the likelihood of success. It takes several months to receive the certified prevailing wage determination from the labor department. Once the certification is received, the recruitment process can begin.

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In this post, we discuss how you can get a green card through your employer.

Overview:

What does it take to get a green card through a job offer?

There are many ways a foreign national can obtain a green card for example by starting a company in the United States, as an entrepreneur, or demonstrating that they are a person of exceptional ability. However, the most common way to obtain a green card is to obtain a green card through a job offer. Essentially being sponsored by the employer that they are currently working for in the United States or their future employer. This process involves several steps:

  1. The Employer Must Commit to Green Card Sponsorship

The employer must commit to giving you a permanent job offer and be willing to support you in the green card process from start to finish. This is because the employer must not only sign the forms required to petition for the worker’s green card but must also foot the bill including the immigration fees and attorney’s fees. If an employer does not understand his responsibilities in filing for the worker’s green card, delays can result, and in some cases an employer may abandon the green card process altogether. It is very important for an employer to be aware of their obligations at the outset of the application process.

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