Common Mistakes When Applying for PERM Labor Certification

Introduction

The PERM labor certification process is an important step in many employment-based green card cases. It requires a U.S. employer to demonstrate that there are not sufficient qualified and available U.S. workers for the position and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. Because the process involves detailed requirements and strict procedures, mistakes can create delays or other complications.

Mistakes in the Job Requirements and Prevailing Wage

One common problem is failing to accurately define the job opportunity before beginning the PERM process. The employer must determine the actual minimum requirements and duties of the permanent, full-time position. Requirements should reflect the genuine needs of the position rather than being created specifically around the foreign worker’s background.

Another important step is obtaining the appropriate prevailing wage determination before filing the PERM application. The offered wage must meet the applicable prevailing wage requirement. Errors involving the job’s duties, occupation, work location, or minimum requirements can affect the wage determination and potentially the application.

Mistakes During Recruitment and Filing

Recruitment is another area where careful attention is essential. Employers must complete the recruitment steps required for the particular position and maintain documentation demonstrating that those steps were properly conducted. Missing required recruitment activities, using incorrect information in advertisements, or failing to preserve appropriate records can create problems if the application is audited.

Employers should also carefully review the PERM application before submission to ensure that information is consistent and accurate. A mistake in the position, wage, work location, recruitment information, or other material details can complicate the case. PERM applications may be selected for audit, making accurate records and supporting documentation especially important.

Conclusion

The PERM process requires coordination, accurate information, proper recruitment, and careful attention to timing. Avoiding preventable errors can help an employer maintain a more organized employment-based immigration process.

This article is provided for general informational purposes and does not constitute legal advice. PERM requirements can depend on the specific position, employer, and circumstances involved. Employers and foreign workers considering PERM labor certification should consult a qualified immigration attorney regarding their individual situation.