Employers Face Increasing Audits and Supervisory Recruitment in PERM

The Office of Foreign Labor Certification reported in the recent stakeholder meeting that the audits and supervised recruitment would increase. At the time of report, approximately 30% cases faced either audit and supervised recruitment. 

In a number of cases, after receiving the responses to the audits, the agency has turned the cases into a supervised recruitment track in a number of cases. This trend has resulted in a tremendous delay in PERM processing times and potential denials for the employers that have been picked for such audits and supervised recruitment. 

Strikingly, such cases have been denied after wasting a tremendous time and expenses for certain incredibly unbelievable "minor" "trivial" "technical" matters. For instances, there have been a number of reports that after the audit or supervised recruitment, the agency denied the application for the reason that in the job bank job order, employer checked the box of driver license requirement or drug testing requirement, travel requirement, etc. pursuant to the job bank formats when those requirements had not been printed in the advertisements. 

Another large number of denials have been produced for failure to justify why the unqualified U.S. workers were not offered an on-the-job-training when arguably such on-the-job-training would make such unqualified workers qualified for the job. Another traps included missing of information among the recruitment record in a minor matter or the employer failed to contact the applicants and failed to preserve evidence.

Employers are strongly advised to pay attention to the details and good record-keeping to survive in the new permanent labor certification environment and not to experience waste of money and time and denials. http://www.greencardapply.com/news/news12/news12_0509.htm

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