A Few Takeaways from Park’s PERM Webinar

By Dillan Wright

Recently, our expert evaluator Howard Borenstein, gave a presentation on the recent challenges from USCIS we’ve seen regarding PERM (those who missed it can view it here).

We’ve recapped below a few of the ways we can help you meet them with our expert letter services and our proprietary case management system.

USCIS Challenges / Expert Letter Answers

Recently, Park Evaluations has seen an uptick in certain challenges coming from USCIS. A number of our Expert Opinion Letters allows petitioners to face them head on.

For example, a common question we’ll see coming from USCIS is something to the effect of “why does this position require a candidate to have an advanced degree. Couldn’t a candidate with a bachelor’s degree be able to do the job?” At that point we must show that it is reasonable for the position in question to require an advanced degree, and we do that by providing them with the Business Necessity Expert Opinion Letter. In this letter, our experts will argue that a position does in fact require candidates with certain qualifications to fulfill them, and we will even include an interview add-on (upon request and for an additional fee) with the company offering the position in question, showing that it is within reason for them to expect candidates with advanced qualifications.

That is just one of the services we offer. Park Evaluations has also developed the PERM Audit Expert Letter in response to assertions that there must be an American worker who could fulfill the duties of the role in question. In this letter we categorically show why each American worker who applied for the position is in fact not qualified for the job.

Similarly, the Position Comparison Expert Letter was created in response to questions of why the requirements for a position are suddenly more complex than that of the position a candidate previously held. In this letter, our experts will argue that the new position is essentially an entirely new role, or more specifically, at least 50% different than the candidate’s previous role.

PERM Advertising and the Importance of Prep

In addition to Park Evaluations’ PERM advertising service offerings, there are several steps an attorney or business can take to make the advertisement process as smooth as possible.

To begin, it is crucial to keep an eye on the prevailing wage deadline. At least one step in the recruitment process needs to take place before the deadline expires or you will have to refile with a new prevailing wage and start from scratch. Second, the recruitment process can’t even begin if you’re not registered with the appropriate state’s job board, so it is imperative to have this done first and foremost. Then, you’ll need to choose your publications wisely; you’ll need to choose a publication that the DOL will most likely recognize and that could plausibly be seen by a reasonable number of people. Lastly, you must be meticulous. Choosing the wrong job category or having an unfortunate typo is enough for the Department of Labor to penalize you and conclude that your mistake is ultimately the reason why more candidates did not apply for a position. Park Advertising takes all of these factors into account while handling a PERM recruitment campaign, in order to ensure a smooth and error-free process that will minimize the chance of an audit.

Technology and How Parks Stays Organized

Park has implemented technological innovations across the board that help keep each PERM advertising campaign organized and allow attorneys to move through each of their requests confidently and efficiently. Park’s “PERM Portal” allows Park and its clients to track every case through the entirety of the process, from the initial request to the case delivery. To see a demo of the PERM Portal in action, reach out to Shail Sturm at [email protected].

For updates on future webinars and demos from the team at Park Evaluations, be sure to follow our LinkedIn page.