How to Avoid Delays With PERM Labor Certification

Introduction

The PERM labor certification process is often an important step in an employer-sponsored green card case. Because it involves multiple stages, including wage determination, recruitment, and preparation of the application, mistakes or poor planning can create unnecessary delays. Careful preparation can help employers keep the process organized and address potential issues before filing.

Plan the Case Before Recruitment Begins

One of the best ways to reduce avoidable delays is to review the proposed position carefully at the beginning. The employer should make sure that the job duties, minimum education and experience requirements, work location, and other details accurately describe the position being offered. Requirements should reflect legitimate business needs and should be reviewed before the recruitment process starts.

The employer generally must obtain a prevailing wage determination before filing the PERM application. Since processing times can vary, employers should consider this step when developing an overall immigration timeline. Changes to the position or its requirements after the process has begun may also require careful evaluation and, in some circumstances, additional steps.

Complete Recruitment and Documentation Carefully

PERM recruitment is a significant part of the process. Employers should plan the required recruitment activities carefully and ensure that each step is completed in the appropriate manner. Maintaining organized records of advertisements, recruitment activities, applications received, and the employer’s hiring decisions can be especially important if the case is later reviewed.

Employers should also avoid treating recruitment as a routine administrative exercise. If U.S. workers apply for the position, their qualifications generally need to be evaluated under the applicable requirements. Inconsistent job descriptions, missing documentation, or unexplained recruitment decisions can create complications. A thorough review of the case before filing may help identify discrepancies that could otherwise lead to additional review or an unfavorable outcome.

Conclusion

Avoiding PERM delays begins with early planning, accurate job information, careful recruitment, and complete documentation. Employers should allow sufficient time for each stage and consider potential issues before submitting the application rather than attempting to correct problems later.

This article is provided for general informational purposes only and does not constitute legal advice. PERM requirements and immigration procedures can vary depending on the circumstances of a particular case and may change over time. Employers and foreign workers should consult a qualified immigration attorney for guidance regarding their individual circumstances.