Labor Department sets new employer questionnaire requirements for PERM cases

The Labor Department has set new deadlines for companies to complete an employer questionnaire in the PERM labor certification process.

Key points:

• After an employer files a PERM case, the department’s Office of Foreign Labor Certification will email the employer the sponsorship questionnaire. (If an email address is not provided on the PERM application, the department will contact the employer by phone.)
• If the employer has not completed the process within seven days, the department will send a second email notification.
• If the employer has not responded within 30 days of the first email, the PERM application will be denied for failure to respond.

Background: The sponsorship questionnaire confirms that the employer has filed a PERM application to fill a particular job by a foreign national employee. Previously, the Labor Department allowed seven days for the employer to complete the questionnaire online.

BAL Analysis: While the new procedure allows for a longer response time from employers, it appears that the Labor Department will more strictly enforce the deadline and deny all PERM applications where employers have not responded within 30 days of the initial email. To avoid denial of applications, employers sponsoring foreign employees for labor certification applications should be aware of the new procedure and be sure to complete the sponsorship questionnaire immediately upon receipt of the first email.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.

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