PERM Labor Certification

Immigration Desk provides insightful, actionable counsel to an employer to help the employer avoid common legal pitfalls specific to PERM labor certification.


The challenge

The challenge here is not specific to the USCIS but to employers who fail to adhere to immigration laws and, as such, fail to obtain the type of employees they need to fulfill specific positions. There are many rules and regulations to follow or else risk disqualification. This specific client wanted to fulfill a position, but even before the ad was placed, errors were already made. This client needed guidance throughout the process.

Here, three specific issues arose. One issue involved its EIN number, which hadn’t been properly set up The second issue dealt with the threat of disqualification in the event its job advertisement was untimely placed. The Department of Labor issues wage determinations, but this can take as long as 5 months. in the meantime, job advertisements expire after 6 months. If the job isn’t timely filled, it could be disqualified. The third issue involved the sheer number of applicants. The job ad was placed during the Covid-19 pandemic, and as such, more applicants than usual applied for the position. There are specific legally acceptable reasons to disqualify a person for a job, and not adhering to these reasons can get an employer into legal trouble.


The solution

We worked closely with this client to help it advertise for a Software Developer position. The first issue related to the EIN number was resolved rather easily after a couple of phone calls. With that solved, the client was able to place one of its Software Developer advertisement. We coordinated placement of the ad to help the client avoid disqualification. Unexpectedly, an unusual number of applicants responded to the advertisement. We explained to the employer what were considered legal and acceptable reasons for disqualifying an applicant and strongly advised against providing insufficient grounds. To that end, we advised the client on how to create and maintain a proper record of all applicants who were called/interviewed.

Client Testimonials

I want to thank you for your continuous help, support and advice during the past four and half years’ journey of getting our green cards. I am very glad to tell you that we got our green cards last week! My wife and I were very fortunate to have you as our immigration attorney as you prepared our documentation very meticulously and, consequently, both my labor and I-140 were approved in two weeks without any RFE. Unlike some other attorney’s from big-named firms, you were always readily accessible and provided personal attention to our concerns. In particular, I appreciate your advice during our interview for adjustment of status and during a job change on EAD. I have referred some of my friends, and they also had very good experience with you.
A.J., Senior Engineer, California,
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