10 Reasons for PERM Audit | Why Your Application Gets Audited

Описание: 10 Reasons for PERM Audit | Why Your Application Gets Audited

These are the top 10 reasons why a PERM application will be audited. Check out my articles on this topic:
https://www.shihabimmigrationfirm.com...
https://www.shihabimmigrationfirm.com...

Here are the 10 reasons:
1. Sloppy PERM Application Drafting.
Rambling position duties that include requirements.
Lengthy unreasonable minimum requirements.
Tailoring the PERM application to fit the foreign national’s credentials.
Inconsistencies in the application.

2. Familial Relationship between Foreign National and Company Owners
Owner(s) are related by blood or marriage.
Applies to owners of parent company.
Must document bona fide job offer exists.

3. Foreign National Owens an Interest in the Petitioning Employer’s Company.
Whether there is a true “employer-employee” relationship
Whether there is a bona fide job offer.

4. Minimum Educational Requirement Less than Bachelor’s Degree
Realities for Certain positions.
Documentation of bona fide recruitment is key.

5. Foreign language requirement
Will be highly scrutinized.
Must have bona fide job related need for the foreign language requirement.
Will have to submit a detailed “Business Necessity Letter.”
Check out this article I wrote about foreign language requirement. https://www.shihabimmigrationfirm.com...

6. Requiring Experience Gained with the Petitioning Employer
“After Acquired” Experience cannot Form the basis of the minimum requirements for the position.
Only if “Substantially Dissimilar” rule is invoked.

7. Job Requirements are “Not Normal” to the Occupation
Experience Requirement exceeds maximum allowable by US DOL
Pay Attention to “Special Vocational Preparation” index.
Careful Planning to avoid pitfall.

8. Layoffs within the 6 months prior to filing the PERM application in the same or related occupation.
Confirm that layoffs were in “related occupation.”
Was job offered to laid off US Workers?

9. Combination of Occupations
Position description (list of duties) cannot combine two distinct occupations.
Will have to document business necessity.

10. Requiring Variant Alternative Educational or Experience Requirements
Will have to document a business necessity.

#PERM #PERMAudit #PERMApplication #ApplicationAudits #AuditingProcesss #ImmigrationLawyer

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