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

2. 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

3. 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

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

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

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

7. 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 (July 23, 2013)

8. 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

9. Question C.9

10. Questions H. 12 and H.13

11. Questions H. 10 and H. 14

12. Questions J.18 and J. 20

13. Question J.21 FN
Past Experience
New Position

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

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

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

17. 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

18. Timing 30 days
Requirements
Dated Proof
Veterans Hold
Job Orders

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

20. 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

21. Recruitment Results Processing Applicants Recruitment Report
Attorney involvement in Recruitment

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

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

24. Questions & Answers