Welcome to our series where we debunk common myths and clarify the facts surrounding the PERM labor certification process. This process is essential for employers aiming to employ foreign nationals on a permanent basis, yet it is often shrouded in misconceptions. In this post, we will address some prevalent myths and provide you with the accurate information you need to navigate the PERM process effectively.
1. Filing for labor certification allows the beneficiary to work immediately.
Myth: Many believe that submitting a labor certification application grants immediate work authorization to the foreign national.
Fact: In reality, filing a labor certification application is just the first step in the employment-based green card process. It does not provide work authorization. Employers should be aware that the journey involves several stages, including obtaining USCIS approval and waiting for visa availability. This means that foreign nationals cannot work until they receive their green card, which is a separate process that requires careful planning and patience.
2. The labor certification process is quick and straightforward
Myth: Some assume that the PERM labor certification process is quick and easy.
Fact: The truth is that the PERM process is often lengthy and complex, typically taking anywhere from 9 months to over a year.
The process includes several critical steps:
Preparing a detailed job description: This ensures that the job requirements are clear and specific.
Obtaining a prevailing wage determination: This step can take about 8 months and ensures that the offered wage meets industry standards.
Conducting required recruitment: Employers must advertise the position to demonstrate that no qualified U.S. workers are available.
Filing the ETA Form 9089: This is the official application for labor certification.
DOL processing time: The Department of Labor may take up to 13 months to review the application.
Possible audits or supervised recruitment: In some cases, additional scrutiny may be required, which can extend the timeline further.
Understanding these steps is crucial for setting realistic expectations and preparing for the journey ahead.
3. Minor errors on the PERM application can be detrimental
Fact: It is true that even minor typographical errors on the ETA Form 9089 can lead to a denial of the PERM application.
Reality: The Department of Labor (DOL) has limited tolerance for errors due to the streamlined nature of the process. It is essential for employers or their attorneys to meticulously review all parts of the application before submission. Attention to detail is critical; double-checking every entry can save significant time and resources in the long run.
4. Employers can pass PERM costs onto employees
Myth: Some believe that employers can require employees to pay for PERM-related costs.
Fact: This is incorrect. DOL regulations prohibit employers from asking employees to cover any costs associated with the labor certification process. Employers must bear all expenses, including advertising and legal fees. Attempting to shift these costs onto employees can lead to severe penalties and jeopardize the entire application process. Compliance with these regulations is essential for ensuring a fair process for all parties involved.
5. Atlas helps employers and law firms navigate the recruitment requirements
Fact: Atlas indeed supports employers and law firms in managing the recruitment steps designed by their legal advisors for the PERM process.
Reality: This support ensures that all necessary steps are completed accurately and efficiently, significantly reducing the risk of errors and delays. With Atlas, employers can be confident that they are meeting all regulatory requirements and maximizing their chances of a successful outcome.
In conclusion, understanding the PERM labor certification process is vital for employers and foreign nationals alike. By dispelling these myths and focusing on the facts, you can navigate this intricate process with greater confidence.If you have any questions or need further assistance, please feel free to reach out to us. Remember, in the world of PERM applications, attention to detail and the right tools can make all the difference.
Don’t let myths cloud your judgment—stick to the facts and set yourself up for success!
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