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PERM is a program to defend U.S. workers and the job market
PERM is a program designed to protect U.S. workers and the job market. In general, the program applies to positions that have been vacant for at least three months. Layoffs must occur in the same field or occupation as the PERM position. The employee must be a U.S. worker or a lawful permanent resident, asylee, or refugee. Employers must provide documentation for each potential layoff.
Employers must make a good faith effort to contact the applicant before moving forward with the PERM process. Failure to do so will lead to denial of the application. This time-consuming process is expected to last six to eight months. In addition, the program must be effective for the foreseeable future. While it’s difficult to predict when the government will change the rules of PERM, employers should consider the following recruitment practices.
It is currently taking 5-6 months
In case you’re wondering what PERM is, it is the process by which new employees can be granted work permits in the U.S. The process includes several steps, beginning with the initial stage of determining minimum qualifications for the position and potential issues. This can take around a month. However, if you want to be on the safe side, you should make sure that your job description is accurate and meets all federal requirements.
In order to be able to file your PERM application, your company must first post a Notice of Filing for the position in a newspaper that attracts a large number of candidates. For example, in rural areas, rural newspapers may publish only on Monday and Wednesday, meaning you would need to advertise in two separate editions of a newspaper to reach a large number of potential employees. Fortunately, this requirement has been expanded as a part of the PERM labor certification process.
It could take longer if a case is audited
Audits typically last several months but can take a lot longer if the IRS is involved. These audits are based on extensive records that may not support the position you took on your business tax return or your personal tax return. If the audit involves a business, it will take longer because the auditor will review how you substantiate your business income and tie bank accounts and credit lines to your books. The process can be lengthy, but you have the right to request professional treatment and privacy.
It can be completely restarted after a six-month waiting period
Once you finish the PERM waiting period, you can complete the application process again. The waiting period can be as long as six months, depending on your state. After six months, the USDOL should have no problem approving your PERM application. But it might be more complicated than that. Whether or not your application is successful depends on how well you follow the process.
The PERM application process is not completely restarted once it has reached this point, because there are still no adequate U.S. workers. Therefore, the employer must re-advertise the position and wait at least six months for it to be approved. Additionally, the foreign national must have sufficient employment authorization to work in the United States. But there are some steps you can take to make the process faster and easier.