Normally, sponsoring an immigrant worker is a long process. The U.S. employer is required to first successfully finish the labor certification process also known as, “PERM”. The PERM procedure demands that the U.S. employer coordinates recruitment, releases advertisements for the foreign worker’s future job opportunity and then yields an ETA Form 9089 to the U.S. Department of Labor and confirm that no certified, skilled, American worker is available for the job post.
The DOL will evaluate the submitted information shown on the employer’s ETA Form 9089 will approve or deny the application. Once approved the employer embarks on the second step and files a visa petition Form I-140 with the USCIS.
Once the visa petition is approved by USCIS, the immigrant worker must complete the third step, which is to apply for a U.S. green card with USCIS or the suitable U.S. Consulate.
There are five frequent PERM errors to avoid when filing the ETA Form 9089 and posting advertisements.
#1 Error – Failing to correct information on ETA Form 9089
A very simple mistake frequently committed by U.S. employers is not double checking information on the ETA Form 9089. Once Form ETA 9089 is submitted online, corrections can be made by withdrawing the application and reapplying. The Department of Labor restricts employers from re-submitting corrected versions of the ETA Form 9089.
Occasionally, withdrawing and refiling can be troublesome because the advertisements posted may have already expired by the time the employer is aware of his error.
It is of extreme importance that all employers recruiting and filing the ETA Form 9089 avoid petty typographical errors such as incorrect spelling of employer’s name, immigrant worker’s home address, or name of position/company.
The Department of Labor can deny a faulty application. It of extreme importance that all U.S. employers, examine, reexamine every piece of information that is entered on the ETA Form 9089.
#2 Error – Posting Advertisements on the Incorrect Dates
A great challenge for first time U.S. employers is complying with the firm rules and timeframes. One of the requirements is that employers must place their advertisements on 2 Sundays in the newspaper of general circulation in the area the job opportunity is offered.
Some employers have mistakenly placed their first advertisement on a Sunday and the second ad on a separate day of the week. The Department of Labor is adamant that all U.S. employers follow the rule of posting both ads on Sunday, or they will deny the ETA Form 9089. Consider this example: Let us suppose that the job opportunity is within the region of Phoenix, Arizona.
The newspaper of general circulation for this location is Arizona Republic. The U.S. employer posts 2 job advertisements, one on Sunday November 1, 2015 and the other on Tuesday November 3, 2015; this is incorrect. The employer needs to place one job ad on Sunday, November 1, 2015 and the other on Sunday, November 8, 2015; this is the correct method.
#3 Error – Failure to Include Previous and Present Overseers
Another familiar mistake made by employers is that they fail to submit information of previous and present work overseers of the foreign national on the ETA Form 9089. U.S employers must enter the immigrant’s working experience information, name of employer, dates of employment, responsibilities fulfilled, job title, skills, applicable license, phone number and name of foreigner’s supervisor. Not providing this information will only result in a denial.
#4 Error – Neglecting to reply to the DOL Questionnaire
After submitting Form ETA 9089 online to the Department of Labor, the U.S. Labor Department will send an email to the employer to the email address registered on the Form. All U.S. employers must be aware that this email is a follow up from the Labor Department verifying that the employing willingly filed the ETA Form 9089 and that the provision of Form ETA 9089 was not the outcome of a computer hacker, spam, spyware, and or malware.
The Department of Labor gives an ultimatum of 7 days for the U.S. employer to fill out the questionnaire, if this is not done, then the case will be denied. If questionnaire is completed the DOL will send a verification email to employer that they must keep all ETA Form 9089 documents until approved.
#5 Error – Failure to Keep PERM Documentation
All U.S. employers have a great responsibility throughout the PERM procedure. One that is frequently neglected is the responsibility to keep all PERM documents at the worksite of the employer’s office for a timeframe of 5 years.
Employers are required to keep their prevailing wage determination, originals of all ads that were posted for the job opportunity such as legit newspapers that have the Sunday publications and printouts from the Web infomercials, including all resumes submitted to employer by the immigrant worker. Failure to comply with this particular demand may end in serious sanctions or consequences.
Call an Experienced Immigration Lawyer
To avoid making any of these 5 frequent errors it is best to retain an immigration lawyer to assist you with completing all steps required. Visit The Gambacorta Law Office website for information on a consult or call us at 847-443-9303. Our offices are located in Arizona and Illinois.
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