The ever-evolving landscape of U.S. immigration law demands constant vigilance from practitioners and employers. A recent update to the Department of Labor’s (DOL) O*NET Program has introduced significant changes that could profoundly influence filing Form ETA 9089, commonly known as the PERM Application. Understanding these changes is crucial for staying ahead and ensuring a smooth application process.
In August 2023, the O NET Program underwent substantial changes. These changes directly influence the SVP-level requirements on Form ETA 9089 and how the form is filed. Employers must now justify business necessities, such as specialized skills or unique job requirements if job requirements exceed the SVP levels assigned in the O NET Job Zones.
One crucial point to remember is the revised Job Zone for Computer Systems Analysts. This alteration directly impacts the SVP and potential’ business necessity’ justifications. It’s of utmost importance to use the correct O*NET version that was in effect when the prevailing wage determination was issued. This meticulousness guarantees accurate answers on Form ETA 9089 and can avert summary denial.
The O*NET version that was in effect when the prevailing wage determination was issued is what matters, not the employer’s job title. Employers should verify the current version of O*NET after getting the prevailing wage determination to accurately answer Section G.9 on Form ETA 9089. Employers should prepare enough evidence to justify the requirements if they face a PERM audit after filing.
The DOL’s updates remind practitioners of how immigration law can change and the importance of maintaining compliance. Practitioners can confidently rely on the official O*NET website for more comprehensive information and resources. This reliable source can provide the necessary guidance and support in navigating the PERM application process.
For Program Electronic Review Management (PERM) Help, contact Litwin and Smith, a reputable law firm specializing in U.S. immigration law and the PERM application process.
At Litwin & Smith, we pride ourselves on being “PERM Perfect.” The PERM application process is a complex and time-sensitive procedure involving several steps, including job advertising, recruitment, and filing the PERM application. By staying updated on recent cases and diligently following best practices, employers can streamline their PERM applications and facilitate hiring foreign workers while upholding labor standards. For expert guidance and assistance, consider partnering with professionals experienced in PERM filings, such as Litwin & Smith, who advocate for electronic filing to ensure efficiency and compliance.
