The U.S. Department of Labor Office of Foreign Labor Certification (OFLC) has recently modified the deadline by which employers must confirm sponsorship of a PERM Labor Certification Application (PERM).
When an employer submits a PERM application OFLC sends an email back to the employer asking it to verify that it actually intended to file the PERM application on behalf of the applicant named in the application. The employer must timely reply to OFLC’s email confirming the intended sponsorship or else OFLC may deny the PERM application.
Employers previously had 7 days from filing of the PERM application to submit the required verification to OFLC. OFLC is now providing employers 30 days from the filing of the PERM application to confirm that it intended to file the PERM application. In addition, OFLC will send a follow-up email to employers 23 days before the sponsorship verification is due in order to remind employers to timely submit the required verification email.
A PERM application is, for most foreign nationals working on employer-sponsored visas, the first step in the employment-based green card process. The PERM process is an exacting process and OFLC can deny a PERM application for seemingly minor oversights. The additional response period now being provided by OFLC is a welcome change and will significantly benefit employers and their sponsored employees.
If you have additional questions about the PERM process, please feel free to reach out to your Greenberg Traurig immigration attorney.