IMPORTANT CONSIDERATIONS TO KEEP IN MIND BY THE EMPLOYERS DURING THE PERM PROCESS

IMPORTANT CONSIDERATIONS TO KEEP IN MIND BY THE EMPLOYERS DURING THE PERM PROCESS

During recent approach of the Department of Labor towards generating AUDIT in PERM related cases, the employer should keep in mind the following approach while preparing AUDIT response.

• Advertising only one specific educational degree for the job, and not permitting related degrees to qualify, may require the employer to explain why only that particular degree is acceptable, and why other similar degrees are not.
• Any U.S. worker who is rejected during the recruitment process must be justified in detail in the employer’s recruitment report. Employers should give the reason in detail for disqualification.
• Further, to explain in the recruitment report, the employer may have to explain why the applicant could not have gained a required skill on the job in a reasonable period of time.
• Employers should be prepared to explain the impossibility or non-feasibility to train an applicant on the job.
• The employer may have to explain, and provide supporting evidence, showing the process conducted to make this assessment and stating on what basis this determination was made, for each applicant.