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