DOL Continues to Scrutinize PERM Applications

The law firm of Lubiner, Schmidt & Palumbo realizes that constant awareness of the trends at the U.S. Department of Labor (DOL) is essential when it comes to a Permanent Labor Certification or PERM. Although there have been no changes in the regulations, there has been a noticeable trend of increased PERM application audits and denials at DOL.

What this means for a company seeking to hire foreign nationals is that it is essential they choose an experienced immigration law firm that will guide them through the process and ensure that they meet the DOL’s exacting standards.

DOL demands that companies seeking to file an immigrant petition for foreign nationals first conduct recruitment of U.S. workers and prove to the department that there are no American workers who are willing and qualified to fill a position. This requires that a company conduct recruitment through various means, such as newspaper ads, internet postings, in-house postings and other recruitment sources as outlined under the PERM application process.

Many of the recent denials and audits show that the DOL is placing an emphasis on protection of U.S. workers when it comes to the PERM process. Some of the current issues DOL is putting under the microscope are:

  • If a foreign national employee paid for any part of the PERM process.
  • If there is evidence that U.S. workers who were laid off were properly notified and considered for employment.
  • If there was a connection between the Employee Referral Program and the job opening.

A company may file an appeal to a PERM application denial to the Board of Alien Labor Certification Appeals (BALCA). Recent cases have shown that BALCA has been affirming denials based on application errors and employers who have improperly rejected U.S. applicants.

There is little doubt that stricter reviews of PERM applications by DOL and BALCA will continue. This, coupled with increased processing times, means that employers need to start the process as early as possible to avoid unnecessary delays.

The law firm of Lubiner, Schmidt & Palumbo, LLC has decades of experience in immigration law. We thoroughly understand the process and our experienced attorneys will ensure that your immigration needs will be handled in a professional, exacting and timely manner. If you have questions concerning PERM applications or any immigration issue, call us at (888) 847-2529 or contact us online.