"Filing PERM Cases For Advanced Practitioners"
Thank you for your message and for the opportunity to ask our questions. There were actually two questions we would like to ask regarding PERM:
For the in-house posting requirements: If there is in-house media where the position must be posted that is web-based, such as internet or intranet, it is unclear how long the position must remain posted. Would the length of the posting be 10 business days, as is the length of the physical posting, or should it be posted for at least 30 days as you suggested for the other forms of web-based recruiting?
In filling out the form: In Section K. Alien Work Experience, the spaces limit the alien's prior work experience listed on the form to 3 jobs. This will prove problematic in many cases where individuals have extensive relevant prior work experience. Is there any solution to this other than creating an attachment and mailing in the application? Is there a reason that the form only leaves room for 3 prior jobs?
Answer by Joel Stewart:
1. Regarding in-house media (web-based, etc.), I believe that 10 working days would be sufficient, in line with the Notice of Posting. If it is a daily electronic publication (like Immigration Daily) then one time should be sufficient. If it is in print, then it would be distributed according with company policy -- I recall the daily printouts that they provide for seminars, for example...they have a life expectancy of one day.
2. About the work experience not fitting in three jobs, there are several ways to deal with this problem. At the outset, the purpose is for the Employer to assert and attest that the alien is qualified to perform the job. Under PERM, the documentation must be held for an audit. It would be easy to have documentation of the alien's experience on hand, but your question is how to show it on Form 9089. You could, for example, consolidate several jobs into one box. For example, we have done that for years if the alien had multiple jobs with the same employer. You can put the start and finish dates, and in the job description box you can indicate which dates the alien worked in position one, position two, etc. You could also do the same, if necessary, by putting in one of the boxes "Multiple Employers", filling out the address generically, or with less specificity, for example, the name of the city where several jobs were held, state, etc....and then consolidate the information in the description box. The idea is to answer the question truthfully, within the requirements of the technology, and to have the documentation in case of an audit. As far as avoiding an audit is concerned, I don't think the consolidated information will trigger an audit. You would need to fill out the name, address, city, state, zip codes, etc., in full. Again, if there are multiple jobs, just put the first one in the top of the box, and condense the information into the description box as best you can. To give you a better idea, we have sometimes put, "Multiple Jobs" in one box where a self employed person had worked a few days, weeks or months in one place, a few in another place, and often overlapping...The basic idea was to show DOL that the alien had full-time experience in the job offer..