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.