The filing of a Permanent Alien Labor Employment Certification with the US Department of Labor (USDOL) under the PERM program can be tricky.

We often are hired by employers to fix an insufficient PERM application.

Based on the errors we most often see, we offer these 5 tips that will increase your chances of obtaining PERM certification:

1. Answer each question on the application form (ETA-9089 (PDF));
2. Make sure that the employer and the job offer are legitimate.  The USDOL can detect fraudulent applications and will prosecute employers criminally;
3. Make sure the salary for the position offered is at or above the prevailing wage;
4. Make sure that all requirements for advertising and recruitment (PDF) have been met;
5. In the event of an audit, address each and every issue the USDOL raises. For example, what is the business necessity of a certain job requirement?  Does the employer have the ability to pay the prevailing wage?  What is the employee’s work experience in the job offered? The DOL will summarily deny the PERM application if any of its questions are not answered thoroughly and to its complete satisfaction.

The above tips serve as a basic primer when preparing and submitting application for Permanent Alien Labor Certification. Employers seeking to certify a permanent position under the PERM program should not attempt to do so without the assistance of a duly licensed and experienced Immigration Lawyer.