Drafting the First PERM Case Stacy Cozart Martin Staci Jenkins Lori Pinjuh

Beginning Questions for the Employer and Employee Questionnaire for both parties Job Description/ Travel requirement Normal Hiring Practice Layoffs Employee Credentials Proof of Immigration Status

Form ETA 9089 Timing Steps Duties and Minimum Requirements Consult prior H-1B Filings Prevailing Wage Determination Recruitment/Notice of Filing Job Order Form ETA 9089

Drafting Minimum Requirements O*Net SOC Code Basis for Preference Category Effect of Job Zone Special Skills and Requirements

Minimum Requirements Section K Be sure to add all requirements listed in H.11 as well as any special requirements (ie-Licensure).

Minimum Requirements Remote Employees/Travel Farmer Memo, AILA Doc. No. 94052390 | Dated May 16, 1994

Travel/ Telecommuting Denial of a PERM was appropriate when the employer failed to disclose a telecommuting benefit in its recruitment advertisements as this incorrectly implies to U.S. workers that the position is restricted to the location of employment. Travel/ Telecommuting Siemens Water Technologies Corp, 2011-PER-00955 (July 23, 2013)

Sticky Questions Question C.9 Questions H.10 and H.14 Questions J.18 and J.20 Question J. 21 Sticky Questions Questions H. 12 and H.13

Question C.9

Questions H. 12 and H.13

Questions H. 10 and H. 14

Questions J.18 and J. 20

Question J.21 FN Past Experience New Position

Prevailing Wage Where to list the wage Prevailing Wage vs. Actual Wage Wage gaps: How to avoid and how to mitigate Alternatives

FLAG Flag.dol.org Form ETA-9141 Processing Times 100-120 days Redeterminations, processing times approximately 60 days

Recruitment Additional Recruiting Steps for “Professional Positions” Mandatory Recruiting Steps for All Applicants Additional Recruiting Steps for “Professional Positions” Recruitment

Recruitment Content of the Ads Newspaper Ad Dos and Don’ts Other Forms of Recruiting Where to Place Ads? (ie-Headquarters vs. Remote location) Required Postings Layoffs Requirements

Timing 30 days Requirements Dated Proof Veterans Hold Job Orders

Notice of Filing Multiple Positions, Same Ad Internal Postings Required Verbiage Needed in Notice Posting for 10 business days Union Positions

Timing the Prevailing Wage Determination and the Recruitment Timing Issues Prevailing Wage Determination, Recruitment and PERM Filing Timing the Prevailing Wage Determination and the Recruitment File 180 days from First Form of Recruitment Wait for PWD to place ads? If start ads during PWD period? Watch H-1B six year limit

Recruitment Results Processing Applicants Recruitment Report Attorney involvement in Recruitment

Drafting and Filing the ETA-9089 Qualifications of the Employee Paper v. Electronic Filing Post Filing Procedures Drafting and Filing the ETA-9089

PERM Audits Anticipation and Preparation Audit Documentation Understanding Requests in the Audit Electronic Submission

Questions & Answers