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Program Electronic Review Management (PERM)
Understanding PERM Applications: A Guide for Employers

Are you an employer looking to hire foreign workers for permanent positions in the United States? If so, understanding the Program Electronic Review Management (PERM) application process is crucial. In recent cases, there have been important updates regarding PERM applications that employers need to be aware of. Let’s delve into these updates and gain insights into navigating the PERM process effectively.

Recent Program Electronic Review Management (PERM) Cases

Two recent cases shed light on the importance of adhering to recruitment timing requirements in PERM applications. In these cases, PERM applications were denied without audit by the Department of Labor’s Office of Foreign Labor Certification (OFLC) Certifying Officer due to recruitment steps conducted more than 180 days before filing. Despite applications being date-stamped within the 180-day window, delays in review led to denials.

BALCA Decision

The Board of Alien Labor Certification Appeals (BALCA) has clarified the effective filing date for PERM applications. It affirmed that the date stamped by the OFLC Processing Center serves as the filing date, provided it’s received by the Certifying Officer within 180 days. This decision underscores the importance of timely submission and efficient processing.

Program Electronic Review Management (PERM) Guidance for Employers

For employers navigating the PERM process, here’s some crucial guidance:

  • Electronically filed applications are dated based on submission.
  • Mailed-in applications’ filing date is determined by the date physically handled and stamped by staff, not the postmark or arrival date.
  • Employers choosing mail submissions should factor in transmittal and processing time to meet recruitment timing requirements effectively.

Case References: References to recent cases:

  • 2022-PERM-00043 (BALCA Dec. 26, 2023)
  • 2022-PER-00048 (BALCA Dec. 26, 2023)

Why Program Electronic Review Management (PERM) Matters

A PERM application is a pivotal step in the process of hiring foreign workers on a permanent basis in the U.S. It ensures compliance with labor market regulations and protects the interests of U.S. workers. Through meticulous recruitment efforts and documentation, employers demonstrate their commitment to fair employment practices.

Contact Litwin and Smith for Program Electronic Review Management (PERM) Help

Navigating the PERM application process requires careful attention to timing, documentation, and adherence to regulatory requirements. By staying updated on recent cases and following best practices, employers can streamline their PERM applications and facilitate the hiring of foreign workers while upholding labor standards. For expert guidance and assistance, consider partnering with professionals experienced in PERM filings, such as Litwin & Smith, who advocate for electronic filing to ensure efficiency and compliance.

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