
Current Administration To Issue Additional H-2B Visas To Help Combat The Labor Shortage.Employer Alert: Employers Should Continue To Use The Existing Form I-9.USCIS Issues 24-Month Extension For I-90 Applicants.It is therefore crucial that audits are responded to as soon as possible and that all required information/documentation is provided to DOL.įor questions regarding the above please contact PLG Partner, Chris Prescott at Search for: PERM audits can be very frustrating and can increase the processing time and the also chance of a denial. The larger the ownership interest or the closer the family bond the less chance you will have of getting the PERM approved.įiling a PERM where the minimum requirements include a degree, but no work experience could also trigger an audit or where the PERM lists a foreign language requirement. If the beneficiary is related to the owner of the company or has an ownership interest DOL will audit the file to ensure that there is a bona-fide job opportunity. workers before filing the PERM for the beneficiary. The PERM process requires the employer to make a good faith effort to recruit U.S. If this question is answered yes, it is almost guaranteed that the case will be audited.

However, certain answers to questions on the PERM (Form ETA 9089) may automatically trigger an audit.įor example, there is a question on the first page of the PERM which asks whether the PERM beneficiary has an ownership interest in the company filing or a family relationship with the owners, stockholders etc. Unfortunately, there is no way to expedite the PERM processing and cases are generally selected at random for Audit. To stay up to date on PERM processing times you can check the DOL’s FLAG website at:īased on the above processing times the best-case scenario for PERM approval is about 12-13 months.

This means that wage determinations are taking 6-7 months to be issued. As part of the PERM and I-140 process the employer must agree to pay the prevailing wage and must demonstrate the financial ability to pay this.Īccording to the DOL’s FLAG website DOL is processing wage determinations from November 2021 as a of. Alongside this it is also necessary for the employer to submit a request for the prevailing wage from the Department of Labor (DOL). The PERM process starts with the employer conducting a recruitment campaign. The PERM also known as the Labor certification is the first step in the employment-based green card process.
