4 Common PERM Mistakes to Avoid When Hiring a Foreign Employee

02.06.2016

immigration labor advertisingWhen seeking to employ a foreign worker in the United States, all employers must go through what's known as the PERM process or labor certification process. The purpose is to provide the foreign worker with the green card he or she needs to legally live and work in the country. Unfortunately, due to the complex PERM process, there are many common mistakes that employers tend to make when looking to hire a foreign employee.

Failure to Understand Advertising Rules

Individual states tend to have strict laws and regulations when it comes to immigration labor advertising. For example, many states require that immigration labor ads be placed only on certain days of the week (with Sundays being the most common). Therefore, if it turns out that an employee was referred by an ad that was run outside of the state's legal regulations, the green card application may very well be denied.

Forgetting to Reply to a DOL Survey

immigration labor advertisingA lot of times, the United States Department of Labor will send out questionnaires and surveys to employers looking to hire a foreign employee on a green card. Unfortunately, many employers fail to realize that responding to these surveys is not an option; it's a requirement. Failing to reply to these surveys can result in the application being denied altogether, so employers should keep a close watch on their inboxes during the PERM process.

Getting Rid of Documentation Too Soon

In most cases, employers are required to keep all PERM-related documentation readily available for at least five years following the employee's application approval. However, many employers fail to realize this and will thus get rid of this documentation as soon as the application is approved. It's important to keep these documents in a safe place for as long as is legally required so as to avoid problems down the road.

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Forgetting to Include Supervisor Information

Finally, when completing a PERM application, employers must be especially careful to ensure that they have included all pertinent information about the worker's past employment. This includes supervisor names and phone numbers (or other contact information as permitted).

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By avoiding these mistakes while going through the often-complex PERM process, one can avoid a denial and move on with hiring their new employees more quickly. Furthermore, they can avoid potential fines and penalties often faced in the process.

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