PERM FAQ's: The Most Frequently Asked!

Here are some PERM FAQ's that are the most frequent of the frequent.

1. Can applications be filed by FAX? No, only on-line or by (certified) mail.
2. Is the on-line system hard to use? No. According to the DOL it's customer-friendly.
3. What are the advantages of on-line filing? The mail-in system requires DOL employees to enter the information for you into the electronic system, thus resulting in errors and delays.
4. Can the Employer file more than one application for the the same alien at the same time? The answer to this is "yes" or "no," depending on whether the two job offers are the same.
5. When does an approved PERM get signed if it was submitted electronically and unsigned?  It must be signed "immediately" by the employer, alien, and preparer.
6. What happened to the pre-PERM Rule?  It still exists, but only for applications filed before March 28, 2005.
7. May the alien or attorney register the Employer in the on-line system? Absolutely not.
8. What happened to the applications that were send to the now-defunct Backlog Elimination Center? Most were approved or denied, but some were lost.
9. What can I do if my application was lost at the BEC? Reconstruct the application with documentary evidence.
10. What is the deadline for filing special recruiting provision for college and university professors?  18 months since the selection of the foreign worker.
11. What role does an attorney or agent play?  Primarily to receive correspondence from DOL on behalf of the employer.
12. How long does it take to prepare and file a PERM application? According to the Office of Management and Budget, 75 minutes is sufficient for the entire process.
13. Which PERM applications can be withdrawn? Any PERM applications may be withdrawn, including approved applications, however, if the application is under audit, the withdrawal does not stop the audit from continuing (the audit and the withdrawal are treated as two separate events).
14. How long must the employer publish the notice of filing in the employer's in-house media? Either 10 days, or in accordance with the Employer's normal procedures, whichever is longer.
15. Must the Notice of Filing contain the Employer's name? Yes!
16. Must the Notice of Filing contain the wage offer? Yes, but not if the job is for a college or university teacher selected a competitive selection and recruitment process.
17. May the Employer use one process for multiple positions?  Yes, i.e., one Notice of Filing, one recruitment procedure, but separate 9089's must be filed, one for each alien.
18. Where must the Notice of Filing be posted for roving employees? At the work site(s) where the employees will work; or at the work sites of all its current employees; or, if no work sites exist, there is no job opportunity and the PERM application cannot be filed.
19. May a PERM application be filed for an employee who will work at home? Yes.
20. May a foreign employer filed a PERM application? Yes.
21. How is professional defined for selection of recruitment procedure? Use Appendix A to the PERM preamble. Appendix A is reprinted in the May 9, 2005, FAW on Prevailing Wage. Unfortunately, the DOL appended Appendix A to the FAW and gave it a new name, Appendix D.
22. Does the alien need a Bachelor's Degree to qualify for a professional position? No.
23. How fast can a PERM application be prepared and filed from beginning to end? 61 days.
24. What happens it the SWA makes a mistake in the 30 day job order? The PERM application will be denied, because the Employer is responsible for the job order. The SWA only assists.
25. What level of detail is required in an ad?  Very little. Example: French Chef, Nouvelle Cuisine,  Name of Employer, Address of Employer (or FAX or PO Box). Wages and details of job are not required. If FAX or PO Box is used, then ad must state general area of job opportunity, i.e., "Brooklyn".
26. Can jobs requiring experience be advertised through an on-campus placement office? Yes!previously DOL said No, but it decided that on-campus is OK for experienced jobs to be advertised.
27. If the company's name was changed after recruitment occurred, what should the Employer do? Just provide documentation if audited by DOL, and otherwise file changes with the I-140.
28. What about the Magic Language? Has to be included in H-14 on the old form 9089, but special questions exist on the new form 9089. Note that the Magic Language is only required if the alien is working for the employer and qualifies for the job by virtue of alternative requirements ("Employer will consider any suitable combination of education, experience or training").
29. Must the Employer contact all job applicants "matched" by the SWA's job bank? Yes.
30. How does the Prevailing Wage validity period work?  The application for PERM must be filed before the final date OR recruitment must be begun AFTER the initial date.
31. Can the same prevailing wage determination be used for multiple applications? Yes.
32. Is a wage range permitted?  Yes, as long as the bottom of the range is no less than the prevailing wage rate.
33. Must a prevailing wage determination be obtained for Schedule A workers as well as college and university teachers?  Yes.
34. Can Employer submit alternative evidence in the absence of primary evidence in response to an audit request?  Yes, sometimes.
35. Can the alien pay the Employer? No, absolutely not.
36. When does a PERM approval expire? 180 days!

Comments

[Richard Breitman]

WHERE DO REGS STATE THAT RECRUITMENT CANNOT BE DONE BEFORE A PW DETERMINATION HAS BEEN OBTAINED?