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VISANOW Highlights Impact Of
Increased Enforcement Surrounding
Labor Certification Process
Leading Immigration Solution
Provider Outlines Implications of
Expected Changes on Corporate HR
Departments and Suggests Best
Practices
CHICAGO, IL
October 28, 2008 – The
Department of Labor (DOL) recently
increased enforcement of the
existing regulations involved in
filing Program Electronic Review
Management (PERM) labor
certification applications to help
further reduce any fraudulent
activity or misuse of the process.
In addition, the DOL announced plans
to introduce new measures in the
coming months that would impact
employers who hire foreign nationals
to work in the United States.
Labor certification – a key stage of
the more commonly referred to
employment-based “Green Card”
process – requires specific
recruitment activities on behalf of
the employer to demonstrate the need
to hire a foreign applicant. Issued
by the DOL, a permanent labor
certification is the first step in
the process allowing an employer to
hire a foreign worker for permanent
employment in the U.S.
Below, leading immigration solution
provider VISANOW outlines expected
revisions and recommendations for
employers to ensure they can
successfully prepare for the impact
of such changes:
1. Increase in PERM Audits:
Both targeted and random PERM
audits, as well as supervised
recruitment, are expected to
increase possibly resulting in the
audit of one of every two PERM
applications. PERM audits require
additional information outlining the
actual minimum requirements of a
position, the associated recruitment
effort or other outside issues that
may impact the application. Audits
must be responded to within 30 days
and can significantly extend the
adjudication process.
Recommendation: Document all case
and recruitment activity -
Monitoring and tracking multiple
forms, recruitment activities and
filing deadlines are crucial steps
in filing a successful PERM
application. In addition, access to
documented case and recruitment
history is critical if an
application is selected for audit.
VISANOW recommends finding a legal
services provider that leverages
technology to deliver real-time
access to recruitment activity
summaries and centralized document
tracking capabilities.
2. Fraud Unit: The DOL will create a
fraud unit that uses data mining
software to uncover inconsistencies
in recruitment activities by
comparing the stated job
requirements across all positions
for which a company files a PERM
application. The goal is to identify
employers who do not recruit with
consistent requirements for a
position and instead tailor these to
a foreign worker’s personal
qualifications.
Recommendation: Ensure consistency
across all application and
recruitment activities - Employers
should take the necessary steps to
ensure they conduct coordinated and
consistent recruitment activities
for all PERM applications. The DOL’s
incorporation of data mining
software will prioritize the
importance of regularity on behalf
of employers and should further
reduce any fraudulent use of the
labor certification process.
Incorporating online recruitment
management tools, employers can
electronically maintain and store
the job requirements for all
positions, providing transparency
and certain compliance. 3. New PERM/Labor Condition
Application Portal: The DOL plans to
introduce a new PERM/Labor Condition
Application portal on Jan. 1, 2009,
to allow for easier comparison of
job requirements across PERM and
H-1B cases to identify
inconsistencies.
Recommendation: Plan for continued
increases in DOL enforcement
activities – Following the failure
of Comprehensive Immigration Reform
measures in recent years, the DOL
and United States Citizenship and
Immigration Services (USCIS) have
taken additional steps to enforce
the current U.S. immigration
policies. As the global hiring
environment continues to expand,
these agencies will likely shift
their focus to enforcement of
various immigration programs until a
workable reform solution can be
implemented addressing the entire
system. Employers should prepare for
the continued introduction of more
advanced monitoring measures as
additional technological solutions
are incorporated into these
enforcement activities.
To learn more, please visit
www.visanow.com or contact us as
info@visanow.com.
About VISANOWW
VISANOW has redefined the way
immigration services are delivered
with a process that consistently
provides faster responses, allows
greater access to information and
saves time. Since 1998, VISANOW has
combined superior client support and
innovative technology designed to
simplify the immigration process for
corporations and their foreign
employees.
Contact: Paul Colman
312-525-2819
colman@visanow.com
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