Immigration Lawyer Blog
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
#4: Failure to Respond to DOL Emails
Once the ETA has been submitted to the labor department, the employer will receive an email which they must respond to. Failure to respond to the email from the labor department will result in abandonment of the labor certification.
Tip: Employers must monitor their email accounts closely after filing the ETA form to ensure they are promptly responding to the DOL. Keep a record of your email correspondence with the DOL.
#5: Failure to Maintain Recruitment Records
Another reason a labor certification application may be denied is where the employer fails to maintain adequate records during the recruitment process, such as failing to keep all of the resumes of people that applied for the position, failing to maintain a record of newspaper tear sheets, failing to keep copies of all of the advertisements, failing to keep records of all responses to advertisements and interview records, maintaining a recruitment file, etc. In the case of an audit if the employer does not keep adequate records, the labor certification application may be denied.
For more information please contact our office.
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