If you are applying for PERM, you will need to match your job duties to an OES Job Zones database. There are five levels in the database, and level four and five are the most relevant for PERM applications. However, you must be aware that these levels are not flexible, so be sure to match your job duties to an OES Job Zones database. There are also various ways to check the job zone level based on your employer’s OES Job Zones database.
ETA Form 9089
ETA Form 9089 for permanent residency can be completed online by the employer. It explains the employment opportunity to the DOL, as well as a description of the primary requirements of the job. It also specifies the required educational requirements, if any. Moreover, it includes other information such as job training and experience. If these requirements are not met, the ETA form 9089 will be rejected. Employers should carefully examine the requirements for this job before filing the ETA form.
The DOL will adjudicate the PERM, and can approve, deny, or audit the application. It may ask the employer to submit additional evidence, but if the employer submits all of the required documents, the DOL will likely approve the application. Once the DOL approves the PERM, the employer will move onto the next step in the process, filing the I-140 petition with the USCIS.
The process for receiving a Permanent Employment Visa is divided into three phases. During step one, the employer must offer a bona fide position with prevailing wages. The employer must then file an application for permanent employment certification electronically. The ETA Form 9089 states that the job description must meet the prevailing wage in the area of employment. Once the form has been certified, the employer can proceed with the second step in obtaining the green card.
The Department of Labor (DOL) is scrutinizing PERM applications and industries experiencing a “domino effect” in layoffs. It is also scrutinizing cases involving certain occupations. For example, if a company is laying off a worker who meets the PERM requirements, the DOL may audit the employer’s recruitment process and require supervised hiring. It urges employers to conduct good faith recruitment.
The PERM process is long and technical. It involves many complicated strategies and strict deadlines. The entire process may take eight to 12 months, depending on the type of company and the number of pending cases at the DOL processing centers. If you’re unsure whether your business is ready for the PERM process, read our PERM regulations article. Here are some things to keep in mind:
First, the employer must post the ad in a newspaper. The required advertisement must include two Sunday newspaper ads and at least three additional advertisements. Depending on the size and type of the job, these ads can be on the company’s website or in ethnic newspapers. To be certain that the advertisement has been published, print screenshots and save them for proof. You will also need to post them on social media. However, it’s better to have the ad placed in a newspaper than not.
PERM denials can be appealed when an error in the DOL’s decision resulted in the denial. However, an appeal is not guaranteed to be successful, as the BALCA has a relatively lengthy decision-making process. If you are rejected, you may want to consider accepting the denial and filing another PERM petition later. The appeals process can take months. Once you receive your denial notice, you will need to make some important decisions.
The first step in the PERM appeals process is to file a formal request for reconsideration with the CO. You must be prepared to pay the costs associated with this process. The next step is to request reconsideration of the CO’s decision. If the PERM application was denied due to the lack of qualified applicants, a re-application may be necessary. A re-application may be beneficial if the employee’s circumstances have improved.
PERM employers may also file an appeal after their PERM petitions have been denied. This appeal, known as a Request to Consider (RTC), is a letter from the employer to the certifying officer. Once the CO receives a request to reconsider, the decision is reviewed by a third party. However, if the CO has made a mistake, a new application will have a new priority date.