Employers Granted More Time to Confirm PERM Application

By Roy Maurer Jun 13, 2017

​Employers wishing to sponsor a foreign national employee for a green card have been granted an additional 23 days to verify that they submitted a PERM labor certification application.

The U.S. Department of Labor (DOL) recently modified the deadline by which employers must confirm sponsorship of a PERM application, extending it to 30 days from filing instead of seven days.

A PERM application is the first step in the employment-based green card process for most foreign nationals working on employer-sponsored visas. When an employer submits a PERM application, the DOL replies with an e-mail asking the employer to verify that it intends to file the application. Employers must reply to the DOL confirming the intended sponsorship by a certain deadline.

[SHRM members-only toolkit: Obtaining U.S. Employment Visas]

In addition to allowing employers 30 days to respond and confirm sponsorship, the DOL will send a follow-up reminder e-mail to employers 23 days before the sponsorship verification is due.

"The PERM process is an exacting process, and [the DOL] can deny a PERM application for seemingly minor oversights," said Kristin Aquino-Pham, an attorney in the Atlanta office of law firm Greenberg Traurig. "The additional response period now being provided … is a welcome change and will significantly benefit employers and their sponsored employees."

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