Friday afternoon, March 10th, the U.S. Department of Labor (“DOL”) temporarily withdrew a recently-published PERM FAQ on Section H.14 that mandates employers quantify any experience listed on the ETA Form 9089. DOL is clarifying and will be republishing this PERM FAQ in the future.
The PERM process is a test of the U.S. Labor Market by U.S. employers to confirm a foreign national is not taking a job away from minimally-qualified U.S. workers. Since the programs inception, DOL has never imposed a requirement that employers quantify the required experience so long as employers were clearly defining how a worker can qualify for the job. Often, employers seek individuals proficient in a skill set or with experience in a skill set. The recently-released PERM FAQ changed decades of PERM practice by mandating that employers quantify any experience required for a job. Many employers simply do not quantify experience, but rather, seek employees who are cable to perform the job functions regardless of how long it may have taken to acquire the skill set. We are hopeful that DOL will take stakeholders concerns under advisement when reposting this PERM FAQ to ensure that the PERM process remains an accurate employer test of the U.S. Labor Market.
Please contact SPS Immigration should you have questions how this FAQ may impact your immigration case.