Factors Affecting PERM Labor Certifications

Various factors, some outside of an employer’s control, have the potential to affect the outcome of a PERM labor certification. In light of this potential, we highly recommend retainingseasoned attorneys. Employers are allowed to have attorneys represent them during the PERM application process, and often do precisely because of the sort of contingencies we describe here.

Common Variables

The list below reviews the influential factors we most frequently encounter in applications for labor certification.

  • Employer documentation

    -Even though an attorney often takes care of most of the paperwork involved, it is necessary to have a cooperative employer that provides its counsel with the right information.

  • Economic climate

    -Forces outside the control of employers like current economic conditions may change the availability of U.S. workers for a job offered.

  • Local area

    -A shortage or surplus of job candidates in the location where the job is being offered will likely affect the recruitment process.

  • Job description and requirements

    -It is imperative to draft and post only appropriate, accurate job descriptions and requirements that adhere to PERM regulations. After recruitment, job descriptions and requirements cannot change. Failure to use the right ones can make a significant difference in whether or not a labor certification application is approved.

  • Wage

    -The proffered wage cannot be amended after recruitment is completed.

  • Employer’s workforce

    -The U.S. Department of Labor (DOL) will need to know whether the sponsoring employer laid off employees in the six months prior to submitting a labor certification application, as having downsized in this way may speak to the real need, or lack thereof, of the employer to acquire an alien worker.

  • Workforce ratio

    -Employers should indicate the number of foreign workers compared to U.S. workers in its workforce; note that “U.S. workers” include employees with U.S. citizenship, green cards, or other permanent or semi-permanent status.

  • Quality of applications received
    • -Ultimately, it’s the supply of potential employees who respond to a job opening that dictates how the process unfolds. If one or more clearly qualified U.S. applicants submit a resume, then the process is over.

Where Attorneys Come In

While some of the above variables wield influence outside of anyone’s control, having knowledge of their potential to affect a PERM petition allows employers and their attorneys to prepare accordingly and be strategically nimble: to be proactive, and not just reactive.

That said, it is abundantly important for employers to speak with an attorney upfront, before starting your PERM application. The likelihood of erring when going at it alone is high, and not because employers aren’t capable people. Rather, the technical expertise required is substantial.

At our firm, we instruct and advise our PERM clients throughout the entire process and prepare all the requisite documents, applications, and forms. Although we can’t interview employees or make hiring decisions for our clients, we can assist them in preparing exhaustive recruitment reports. And while employers make their own online PERM accounts, we urge our clients to create a subaccount for us so that we have an unimpeded lens into the application process up through submitting the petition. Because of our close oversight during PERM petitioning, we’re able to avoid many of the negative effects of the common variables that often affect labor certification applications.

Overall, PERM labor certification is an extremely complicated and time-sensitive procedure. We recommend that you consult with an experienced immigration attorney. Over the years, Zhang & Associates has successfully handled hundreds of PERM cases. If you would like to contact us, we’re available by phone at (713) 771-8433, or you can visit us at one of our eight U.S. locations. We’re also conveniently available by e-mail at info@hooyou.com. Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service for your PERM case.

For more detailed information on PERM labor certification, including minimum requirements and USCIS policies, refer to the following links:

Updated 04/14/2017