PERM Labor Certification - Five Critical Areas to Consider
If you are an employment-based green card applicant, PERM labor certification is a crucial step in the immigration process. The PERM process involves filing an application on behalf of a foreign national, and it requires a 30 day waiting period. Moreover, in the event that your application is denied, you have to wait at least another 30 days.
PERM labor certification is the first step in the green card process for most employment-based applicants
The PERM labor certification process is the first step in the green card application process for most employment-based applicants. Mistakes during this process can result in a denial of your application or an audit. For this reason, it is crucial that you understand the regulations carefully. There are five critical areas to consider when completing this process.
The PERM labor certification process takes about six months to complete. You can submit the application online or mail it to the DOL. However, before filing for labor certification, you need to complete all the recruitment activities and prepare the required documents. It is important to maintain these documents for five years to be compliant with any audits. Although the DOL originally expected to adjudicate PERM applications within 45-60 days, the actual processing time is closer to 90 days.
The PERM labor certification process is the first step in the green card process, and it allows you to hire foreign workers. The process also allows you to file Form I-140 immigration petition on behalf of the foreign worker. This process is significantly quicker than many other permanent residency options.
It can be filed on behalf of a foreign national
The PERM labor certification process is a process in which a foreign national can be sponsored by an employer to work in the U.S. for a specific period of time. The process requires that the foreign national perform substantially all of the duties listed in the PERM labor certification. In addition, job duties that are tied to position requirements are given special scrutiny. Moreover, if the foreign national is given significant managerial responsibilities, the PERM labor certification will need to be renewed. However, if the job duties are minor, the PERM will remain valid.
The employer must wait 30 days from the last job advertisement before filing the PERM application. Additionally, the employer must evaluate each application in good faith. It may disqualify an applicant only for genuine business reasons or for reasons related to the job.
It has a 30-day waiting period
In order to become Perm certified, an employer must post job advertisements for at least 30 days before they begin hiring. The job ad must run for at least 30 days, and the employer must file the required labor certification application within 30 days after the advertisement ends. However, the employer may choose to post the job ad for a longer period of time if they prefer.
To become Perm certified, an employer must undergo a rigorous recruitment process, including multiple advertisements and interviews with potential U.S. workers. This process helps to ensure that Americans receive first access to job opportunities. However, employers are also permitted to recruit foreign workers when there is a shortage of domestic labor. To apply for PERM, an employer must file an ETA-9089 form. It is important to find out the latest processing times before filing.
The PERM certification process typically takes six to 10 months. The process begins with the recruitment process, which generally takes about 3 months, and then is followed by the adjudication and review process, which can take between three and seven months, depending on the caseload. The DOL will review your application and make a decision on your PERM certification application within six to ten months. If you receive a rejection letter, you can still resubmit your application. If you resubmit, however, the PERM certification process will take another 30 to 60 days.
It can be denied in error
If you've been denied PERM certification, there are steps you can take to appeal. First, a valid argument needs to be presented. The petitioner must show that crucial documentation was misfiled or inconsistently presented, and provide persuasive evidence to support this argument. This can be an error by the Certifying Officer (CO) or the government.
If you're denied PERM certification, you can file an appeal with the Department of Labor's processing center or the Board of Alien Labor Certification Appeals. You'll need to do this within 30 days of the denial. The appeals board will consider the evidence and regulations in determining whether the denial was valid. If the Board rejects your appeal, you can file a "Request for Review" with the Department of Labor to have your application reexamined.
Another reason a PERM certification is denied is because the employer fails to answer a questionnaire. The DOL sends these questionnaires to employers after they electronically submit the ETA 9089. Many employers ignore them because they feel they're spam. However, employers need to complete and submit the questionnaires within 7 days of receipt.