Employers Must Police Their State Agency Job Posting During the PERM Process
Last week I attended a seminar at the 2011 American Immigration Lawyers Association Conference dealing with PERM application denials. The instructor informed our group that denials can also occur because of mistakes made by the state workforce agency who the employer entrusts to post the job posting on its website for 30 days.
In the instructor’s experience, the state agency can create problems by changing the job discription. For example changing experience requirements 5 years to a range like 3 to 5 years.
The instructor emphasized the importance ensuring that the job is actually posted by the agency for 30 days. He stated that the business should not only check to see if the job posting is posted on the first and last day but also during the middle of the 30 period. The instructor said that he had problems with the agency suspending the job posting for a day or more during the middle of the 30 day period. The practical effect for the employer is that the job posting is not posted 30 days which could result in a denial.
A PERM application is an application that must be filed with the Department of Labor by an employer who wishes to sponsor a foreign worker for Lawful Permanent Residence. The Department of Labor frequently audits employer’s PERM applications which require the employer to file nearly all documents used in connection with completing the PERM application process. Department of Labor will review the employers file and sometimes deny the employer’s PERM application if it contains even minor errors.
It is important for employers to remain vigilant when it submits their job posting to the state workforce agency for posting. Not only should the employer check to make sure that the agency has not changed the job posting, they should also check continuously during the 30 day period to ensure that the job posting is posted for 30 days.