In this video, we'll learn the perfect ingredients for the perfect PERM Labor Certification application.
So come with me to my kitchen.
Hi everybody.
My name is Jacob Sapochnick and welcome to my kitchen.
This video, we'll learn the secret ingredients to the perfect PERM Labor Certification application.
Let's go.
So, just like creating a perfect meal when you file for a Labor Certification PERM, it
is important to have all the ingredients in line to make sure we don't miss anything because
it's very difficult to correct it once you start.
For example, the first step that we need is our Prevailing Wage Determination and the
Job Description.
So, if you're filing for say, a software engineer, if we don't do the job description correctly
from the beginning, if we don't craft the Preventing Wage Request, which is step number
one in the application, then it's going to be very difficult to fix it later on in the
process once we start, once you start advertising the job.
So, first things first, create the perfect job description when you file the Prevailing
Wage Determination.
Once we get the Prevailing Wage Determination back, we have now the wage that meets the
job requirements and the employer's minimal requirements for the green card.
Once we have that wage, we are now able to draft the ads that we're going to be using
for recruitment.
Now remember, just like when we have our own ingredients, we need to make sure that we
also follow the recipe, follow the recruitment schedule as to what ads we have to put and
where.
It is important that if you miss any of these ads, you can mess up the entire recipe, the
entire Labor Certification process.
So, there are internet ads, there are two Sunday ads or whatever is required.
There's a checklist on the Labor Department's regulations that we have to follow ,and we
follow it step by step to the "T" to make sure that we don't mess up anything.
Now, the reason we need to do the recruitment is because the whole purpose of the green
card, at the end of the day, is to make sure that the employer tried to find a qualified
US citizen to do the job and they couldn't.
And therefore, what we do in the recruitment, we try to test the labor market by posting
this job and interview any candidates to determine if they qualify or not for the job.
Assuming we pass that step and there were no qualified applicants, we put all these
requirements into the mix.
We use our... the rest of the ingredients to put them in there... use our olive oil
and stab it in there if... as we prepare the PERM applications.
Now that we have all the data, our recruitment results, we're now able to log in and complete
form ETA 1989, which is the PERM application, and then file it.
Now remember, it is done online and you can file it, and then once you file it, then you
enter into a waiting period.
And then at the end of the day, either there'll be an audit, and sometimes we have cases that
they get audit because sometimes they want to check if everything is correct, or sometimes
they want to get to determine if the employee actually advertised.
Because we do everything beforehand.
And at that point, we have to send them all this information and wait a few more.
So, a few more months before we get a result.
Now, what are some typical denials that we've seen on these PERMs?
We've seen cases where employers had issued with Section 9 of ETA 1989, which is Section
k of form 1989, where the job experience of the employee... his past job experience wasn't
matching what the employer is asking in the future position, in the current job.
Those are little things, but they can essentially destroy the whole case, they help destroy
the whole meal if you don't use the ingredients correctly, if you don't follow the rules.
And so, we are very careful to make sure that everything matches, past experience, there's
no excessive requirements.
For example, if it's a software engineer, and you're asking for a language requirement,
we have to justify that it is common and normal practice for the employer to require that.
So, try to avoid that to make sure that your PERM application is not going to be flagged
for an audit or denied altogether.
Check where you're sending it.
Make sure the address of Labor Department where you send the form, or whether the address
that you put on the forms is matching what the regulations are saying.
Make sure that you have listed all the recruitment steps correctly on the form and you're not
missing any of them.
Any little thing like this can destroy the meal, can destroy the case.
So, once the PERM application is filed and the waiting period has passed, hopefully the
case has been improved, you'll get an email from the Labor Department with a certification
and that certification you can use to file form I-140 with the Immigration Service.
The employer can take their form...... can take the labor certification and file the
next step in the process, which is the I-140, Immigrant Petition, and if your priority date
is current, the i-45 adjustment of status.
We're not going to cover that in this video.
We've done quite a few videos on the process of getting a green card for an employer.
But in this video I wanted to cover in a nutshell the process of filing for Labor Certification,
which again, people are asking what is this process.
Again, it's a process where the employer who is hiring a foreign national, trying to show
that they have a need, they've tasted the labor market, they cannot find any US citizens,
they've done all the requirements, they're going to pay the wage, they follow the recipe,
all the ingredients, and they're going to do it correctly to get a Labor Certification.
And with that, they can file for the next step, which is the Immigrant Petition and
eventually get a green card for that employer.
Hopefully, that video was helpful.
If you liked it, please comment below, subscribe to our channel, and share with a friend.
And don't forget to click the bell, at the right side of the screen.
And so, you'll be notified whenever new videos are coming.
Thanks for watching.
This is Jacob here, from my kitchen to yours.
And we'll see you in our next video.
In my kitchen, I might as well change careers and become a celebrity chef, and I'm going
to start doing videos and cooking.
So... and I'm pretty good at cooking, actually.