“ Hi Mr. Zhou and Samuil,
We receive the letter last night. Thank you so much for accompanying us for the long journey and providing the professional help to us all the time!
Have a great day!
Sincerely,
Client"
07/27/2021
Attorney Jian Joe Zhou Comments:In PERM based petition, if the beneficiary alien employees family member is an owner, officer or shareholder of the petitioning employer, DOL requires a disclosure in ETA 9089 form. In such a PERM application, the DOL will carefully and strictly exam the good faith recruitment by generally issuing a for cause audit notice. The audit process will require enormous amount of documents evidencing the corporation structure, decision making processing, HR structure, ownership structure, tax returns, etc. This case is sponsored by a petitioner that is owned by the uncle of the alien beneficiary. The PERM was approved after the audit. If employer can clearly demonstrate the corporate structure and decision making processing, and the actual shortage of US worker, it is still possible to proof the good faith recruitment even the beneficiary has family relationship with the owner/officer of the sponsoring petitioner.