PERM employer name changes. How to deal with them when filing the PERM?
Location: Mountain View, CA
My employer changed the name recently but still keeps the same Tax ID. Before the name change, I already had a prevailing wage report (DOL report) with the old company name. Later on, a new prevailing wage report with the new company name was filed and issued. And the job posting was using the new company name.
But the problem is my company name in PERM system is still the old name. The law firm requested to change the name a couple of months ago but still did not go through.
If we submit my PERM application with the DOL report with the new company name, we worried that the mismatch between the name in PERM system and the name on my application form and DOL report could cause some trouble or even denial in the worse case.
What do we do?
The PERM is submitted with the new company name. From Department of Labor PERM FAQ:
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After completing our recruitment, but before filing the ETA Form 9089, our company’s name was changed after it was wholly acquired by another company. Does the company name used in the advertisements used for recruitment have to match the company name used on the ETA Form 9089?
The employer must conduct recruitment using its legal name at the time of the recruitment.However, an Application for Permanent Employment Certification (ETA Form 9089) must be filed in the name of the employer’s legal name at the time of submission. If a merger, acquisition, or any other corporate change in ownership occurs between the time of recruitment and the time of submission, resulting in a disparity between the employer’s name shown on the advertising used to recruit for a job opportunity and the employer’s name on the submitted ETA Form 9089, the employer must be prepared to provide documentation — in the event of an audit — proving that it is the successor in interest, a determination made based on the totality of the circumstances, including whether the current employer has assumed the assets and liabilities of the former entity with respect to the job opportunity.
The most common form of green card sponsorship through employment is PERM labor certification. The first employment visas to the US are usually nonimmigrant visas. Because they take less time to obtain. We have assisted thousands of people and we file hundreds of nonimmigrant and immigrant petitions every year. the green card process through employment. It consists of three steps: labor certification, immigrant petition, and green card application. You may find an article on our website helpful as well.
We are very successful in preparing labor certifications and subsequent immigrant visas and green cards for employees that need special attention. We prepare many of such petitions each year among the hundreds of those we prepare. Currently, the Department of Labor is randomly auditing about 40% of the PERM labor certification filings. Although, we cannot guarantee your filing will not be audited. Our PERM filings are seldom audited by the DOL. Maybe that is because we prepare our filings with the audit in mind as we perform all the steps along the way. Unlike, most firms who only prepare an audit file after they receive an audit notice. We can’t be sure, but maybe it’s our reputation for paying attention to all the details that result in our lack of audits.
To find out more about how Litwin & Smith can assist you with your green card through employment sponsorship please call and schedule a consultation at a time convenient to you.