Best 20 Checklist Points to Keep in Mind When Applying for the PERM Process

Applying for the PERM (Program Electronic Review Management) process is a critical step for employers seeking to hire foreign nationals on a permanent basis in the United States. To navigate this process successfully, it’s essential to understand the key components, including the current PERM processing time, PERM timeline, and factors influencing PERM approval time. Here’s a checklist of the top 20 points to keep in mind during the PERM process:

1. Understand the PERM Process: Familiarize yourself with the PERM process steps, requirements, and objectives. This foundational knowledge is crucial for successful navigation.
2. Monitor Current PERM Processing Times: Stay updated on the current PERM processing times, as they can fluctuate and impact your timeline.
3. Accurate Job Description: Ensure the job description is detailed and accurately reflects the duties and requirements of the position.
4. Prevailing Wage Determination (PWD): Obtain a PWD from the Department of Labor (DOL) to establish the appropriate wage level for the position.
5. Initiate Early Planning: Start the PERM process well in advance to accommodate potential delays and the PERM approval time.
6. Document Recruitment Efforts: Keep detailed records of recruitment efforts to demonstrate you have met the DOL’s test of the labor market.
7. Advertise the Position Correctly: Ensure job advertisements meet all PERM regulatory requirements in terms of content and placement.
8. Internal Posting Requirements: Fulfill the internal posting requirements, including the Notice of Filing (NOF) in the workplace.
9. Consistent Job Requirements: Ensure job requirements are consistent across all recruitment efforts and the PERM application.
10. Application Accuracy: Double-check the ETA Form 9089 for accuracy and completeness before submission.
11. Prepare for Audits: Be prepared for a potential audit by maintaining comprehensive documentation of the PERM process.
12. Engage in Timely Filing: Adhere to all filing deadlines, especially the 180-day recruitment window and 30-day cooling-off period before filing.
13. Employee Qualifications Documentation: Ensure the foreign national employee meets all the qualifications for the position as stated in the PERM application.
14. Use Experienced Legal Counsel: Consider consulting with an experienced immigration attorney to navigate the complexities of the PERM process.
15. Respond Promptly to DOL: If contacted by the DOL for additional information or clarification, respond promptly and thoroughly.
16. Keep Copies of Documents: Retain copies of all submitted documents and correspondence related to the PERM application.
17. Track PERM Progress: Regularly check the status of your PERM application and maintain communication with the DOL if needed.
18. Understand Post-Approval Steps: Be aware of the next steps after PERM approval, including filing an I-140 Immigrant Petition.
19. Plan for Possible Delays: Be prepared for delays in the PERM process and adjust your timelines accordingly.
20. Stay Informed on Policy Changes: Keep abreast of any changes in immigration policy or PERM procedures that could affect your application.

By following this comprehensive checklist, employers can significantly enhance their chances of a successful PERM application. It’s important to approach the process with attention to detail, thorough preparation, and an understanding of the PERM timeline, from initial planning to final approval. Being proactive and well-informed throughout the PERM process not only facilitates smoother progress but also minimizes the risk of unforeseen challenges or delays, ultimately leading to a successful outcome.