Filing a PERM (Program Electronic Review Management) application is a critical process for most U.S. employers seeking to hire foreign workers. One of the significant hurdles in this process is obtaining a Prevailing Wage Determination (PWD) from the Department of Labor (DOL), which can take at least six months at present. Recently, employers have noticed an uptick in Requests for Information (RFIs) concerning PWD requests that include travel requirements. At the recent DOL Open Forum at the American Immigration Lawyers National Annual Conference in Chicago, this issue was a hot topic of discussion.
The RFI Surge: Understanding the Cause
During the forum, employers inquired whether this increase in RFIs was due to an internal policy change at the DOL. The DOL representatives clarified that there was no new policy in place. Instead, the rise in RFIs is linked to common omissions or unclear details in the PWD applications concerning travel requirements. To avoid these delays, the DOL reminded attendees of the importance of including specific information when detailing travel requirements for a job position in the ETA-9141 PWD form.
Three Key Details to Avoid RFIs
To help employers streamline their PERM applications and prevent unnecessary delays, the DOL highlighted three critical pieces of information that must always be included if a job position involves travel:
- Area of Travel
- Specify whether the travel will be domestic or international. This detail is crucial as it influences the prevailing wage rate and compliance with various labor standards. If the position requires both international and domestic travel, be sure to state the nature and frequency of each separately.
- Nature of Travel
- Clarify the purpose of the travel. Will the employee be traveling for client meetings, training, conferences, or other business-related activities? Providing this context helps the DOL understand the job’s requirements better.
- Frequency of Travel
- Define how often travel will be required. Instead of using vague terms like “occasional” or “frequent,” provide a clearer description. While you do not need to list an exact percentage, you should avoid ambiguities. For example, state whether travel will be “monthly,” “quarterly,” or “up to 30% of the time.”
Practical Tips for Employers
Here are some actionable steps employers can take to ensure their PWD applications meet the DOL’s expectations:
- Be Specific: When detailing travel requirements, avoid generalities. Specific information helps the DOL assess the wage level accurately and speeds up the processing time.
- Review Past RFIs: If you have received RFIs in the past, review them to understand what details were missing or unclear. Use this insight to improve future applications.
- Consult with Professionals: Consulting with experienced immigration lawyers in the filing of PERM applications can provide important guidance on how to present travel requirements correctly in your PWD application.
Conclusion
Filing a PERM application is a complex and lengthy process. Appropriate pre-planning is critical at the PWD stage to avoid additional delays. By including detailed information about the area, nature, and frequency of travel, employers can ensure their PWD applications will not be subject to a burdensome RFI and its associated delay. Stay informed, be precise, and consult with professionals to navigate the PERM process smoothly.
Avoiding RFIs not only accelerates the hiring process but also helps maintain a seamless workflow and bring skilled foreign talent into your organization.
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About the Author:
Najah S. Allaham is an associate with Dickinson Wright’s Immigration Practice Group. Najah has years of experience assisting employers obtain employment based immigrant visas, including PERM labor certifications, EB1, EB2, and EB3 immigrant visas as well as various nonimmigrant employment based visas including E-2, L-1,H-1B, H-2B, TN visas. She can be reached at 248-433-7579 or nallaham@dickinsonwright.com and her bio can be accessed here.