Labor certification as it currently stands is a process whereby the Department of Labor determines that there are no U.S. workers able, willing, qualified and available for the position for which the labor certification is being sought. The PERM process has been a source of great frustration over the past year because of the longer than expected processing times, erroneous denials, and the inability to get a prompt response to requests for reconsiderations. As a result, refilling a denied PERM case is often the best solution. Wilner & O'Reilly has successfully refiled denied PERM cases, here is one of our success stories.
An employer in the construction business came to us looking to sponsor an alien worker who has the requisite knowledge and experience. The employer had received a notice that a previous PERM application was not certified because the section pertaining to the field of training was "incomplete." The denial was clearly a mistake because the training required was in fact completed as "vocational". In response to such an erroneous denial, we promptly mailed a request for reconsideration to the certifying officer indicating that the denial was erroneous. However, since there was no response forthcoming we advised the employer to re-file the PERM application electronically.
In accordance with the Department of Labor's regulations, we began the recruitment process for the employer to ensure that were no U.S. workers able, willing, qualified and available for the position. In PERM cases, all of the recruitment/advertising occurs before the labor certification application is filed. The recruitment/advertising sources involved in a PERM application must be through sources normal to the occupation and industry. The following are minimal standards (Note: professional positions that require a Bachelor's Degree will require three additional steps):
- The employer must place two advertisements on two different Sundays in the newspaper of general circulation in the area of intended employment. The ads may be placed on consecutive Sundays.
- The employer must also place a job order with the State Workforce Agency for 30 days.
The DOL will look at all of the employer's recruitment efforts for the position conducted between 30 and 180 days before filing. Shortly after we completed the employer's recruitment and in accordance with the DOL's filing timeline, we electronically submitted a new PERM application on the employer's behalf. Two months later, we were able to share the good news with our client that the PERM application that Wilner & O'Reilly re-submitted has been CERTIFIED.
It is our hope that incorrect PERM denials become a thing of the past in 2006 but until that time, we invite you to give us a call to discuss your PERM application status and provide you with the most up to date information. There is a method to the madness that is PERM and finding the correct methodology requires experience. When seeking attorneys to file your PERM application, find lawyers with a proven track record. The road to PERM certification may only be a phone call away.