The developing of a PERM application starts with the job description and forms the core of the application. Employers will need to accurately describe the position that the beneficiary will be sponsored for. This will include the job title, job duties, the minimum education and experience requirements, and any other additional requirements for the position. Also, the beneficiary’s credentials should be reviewed upfront to ensure that the beneficiary will qualify for the sponsored position. Not doing so can cause issues down the line. Properly drafting the job description and confirming that the beneficiary qualifies for the sponsored position help to ensure an approvable I-140 immigrant petition.
The PERM position is for the future position the beneficiary will hold once the green card is received. With that being said, the job description will need to be drafted in a way that will still be relevant at the end of the green card process. This is especially true for those individuals who may not receive a green card for many years due to the green card backlog. In these cases the job description may need to be more generic. Describing the position in broad terms might be best so that modest changes in the job duties over a period of years do not change the job description.
In other situations, it may be necessary to draft a more specific job description, as opposed to a more generic one. For instance, it may be best to describe the position in greater detail to reflect the specific minimum requirements important to the employer. Often, the employer is interested in processing the application for the individual because he or she has specific skills that are critical for the position and support the employer’s business needs.
It is also important to properly draft the job description as it can have an impact on the prevailing wage determination. The requirements of the job should not be overstated to reduce the applicant pool or elevate the classification from the EB-3 preference category to the EB-2 preference category. If the employer is paying market wages, stating the requirements beyond what is normal for the job might increase the prevailing wage determination beyond what the employer is willing to pay.
A properly drafted job description is especially important when it comes to large employers who are frequent PERM filers. It is recommended that frequent PERM filers be consistent in their job descriptions for applications within the same occupation. Inconsistency between PERM applications within the same occupation may lead Certifying Officers to determine that the requirements are being tailored to the beneficiary and are not an accurate reflection of the employer’s actual minimum requirements.
Reddy & Neumann, P.C. is dedicated to helping our clients navigate the U.S. business immigration system. Because the U.S. business immigration system can be tricky, it is always best to contact a qualified immigration attorney to help come up with the proper solution for each individual case.
By: Camille Joson
Camille Joson is a Senior Associate Attorney in Reddy & Neumann, P.C.’s PERM Labor Certification Department, where she assists clients in the beginning stages of the green card process.