Standards and Major Differences For PERM Filing And Refiling

The changes to PERM for obtaining work permits for aliens can be confusing. An immigration lawyer can explain the issues regarding the major differences in standards for filing for permits, attestation, advertising jobs, as well as job duties and wages for aliens under PERM. Below is an example of the new standards for work permits.

What standards will be used in making labor certification determinations under the new, streamlined system?

Answer: The standards used in making labor certification determinations under the new system will be substantially the same as those used in arriving at a determination in the former system. The determination will continue to be based on: whether there are not sufficient United States workers who are able, willing, qualified and available; whether the employment of the alien will have an adverse effect on the wages and working conditions of United States workers similarly employed; and whether the employer has met the procedural requirements of the regulations.

• Filing: Employers have the option of submitting the new form, the Application for Permanent Employment Certification, ETA Form 9089, electronically directly to a National Processing Center.
• Filing: Supporting documentation is not submitted with the application.
• Filing: Employers file applications directly with the U.S. Department of Labor and not with a State Workforce Agency (SWA).
• Refiling: An employer may, at any time, withdraw an application filed under the regulation in effect prior to March 28, 2005, refile under PERM, and maintain the original filing date if the new application complies with the new regulation, the application is identical to the original application, and a job order has not been placed by the SWA for the original application.

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