Employers’ Five Most Common PERM Mistakes: San Diego Immigration Lawyer


Hello everybody. My name is Jacob Sapochnick and I’m an Immigration
Attorney based in San Diego, California. In this video, I will share with you the five
most common mistakes that employer make every single time when they are involved in the
process of filing a labor certification, also known as PERM.Mistake
number one, when you prepare an ETA 1989, which is also the PERM application, it’s very
important to check every single line on that form. The number one mistake is that employers would
do it on their own or even work with attorneys on experience in the process, they fail to
check the form correctly. Even one typographical error around box checked. You know, the spelling of a name or something
like that can result in denial of the case. And if the case is denied because of a typographical
error, there’s not really a way to correct it. Sometimes you can’t even withdraw the petition. You have to find a new one. And it’s, it can gets really complicated. So it’s really, really important to double,
triple check this form very carefully to make sure it matches everything that you’ve done
up to the moment of filing. Mistake number two. Employers and people that are working with
employers make mistakes in the placement of the ads. Most common mistake that we see is putting
those ads in the wrong dates and the wrong information. So for example, it’s required to have specifically
to Sunday ads. If you put an ad on one Sunday and the next
ad is going to be on a Monday, that is not correct and it’s going to result in denial
of the case. Sometimes the dates are not matching. And so it’s really important to outline the
recruitment schedule beforehand. Either they work with an agency who does a
recruitment, but make sure that you outline those ads before you place them and make sure
that you check with the newspaper that the ads are placed on the correct dates, the way
you’re going to place them in the form. Otherwise, even one, that ad can result in
denial of this entire case, very, very devastating. Mistake number three. Employers fail to…employers and people who
work with the employers who prepare the form, they fail to match the experience of the employee,
the foreign alien who is filing for the PERM, his past experience with the experience required
for this future job, for the PERM job. And so there’s a special section on the forum
section, K, that lists all the aliens past experience. So for example, if somebody was an SCO expert
and they list all their SCO experience and their future job is somebody…somebody who
is an engineer. As a computer engineer who may be working
with PPC, but not really. If that experience does not seem related,
almost identical matching, Labor Department will deny those case and we’ve seen quite
a few of those denials just for that one reason that the past experience is not matching what
the person is going to be doing in the future. Mistake number four is once the ETA form has
been submitted, there’s an email sent from the Labor Department to the employer and a
lot of employers are failing to respond to that email and that could be resulting in
abandonment of the case. So make sure that once the ETA 1989 is filed,
look at the emails coming from the DOL for a week after filing and make sure you respond
to those questions, about seven questions and keep a confirmation email that you did
respond for your records for after the petition is filed because it’s very important for that
process, for that step to happen because that again, could be a reasonable. Reason number five, not keeping clear records
and not doing everything you’re supposed to be doing during the recruitment process. For example, keeping all the resumes of people
that applied. Keeping all the ads and the tear sheets or
the newspaper. Keeping all the responses in their interview
records and in recruitment file, maintaining recorded file. If you don’t do that, if there’s an audit
and you’re not prepared for the audit because you didn’t keep records, it can result in
a denial of the application. So those are the five most common things that
we’ve seen that employers do and people that work with employers that we keep resulting
in denials of those PERM. So if you avoid those five mistakes, you’ll
be golden and you have your Perm Labor certification application…application approved in no time. If you have questions about this and anything
else related to the PERM application process, feel free to post it in the comments below
or email them directly to me. Hopefully this was helpful to you and you
enjoy our videos, and I’ll see you in our next video. Thanks for watching.

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