Murthy Law Firm Submits Proposal to Revise PERM Form
Posted Apr 27, 2007
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The Murthy Law Firm recently submitted our proposal to revise Form ETA 9089 (PERM labor certification form) to a taskforce comprised of members of the American Immigration Lawyers Association (AILA). The taskforce is in the process of advising the U.S. Department of Labor (DOL), which adjudicates Form ETA 9089. The ETA 9089 form is used by U.S. employers to file labor certifications for their current or prospective foreign national workers; the first step in the "green card" process.
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ETA Form 9089 Changes Likely after April 2008
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The revisions are not expected until after April 2008, which is the expiration date of the current version of Form ETA 9089. The regulatory process, however, requires that much of the substantive work be done well in advance.
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Murthy Law Firm's Proposed Changes
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The Murthy Law Firm made numerous suggestions, based upon our extensive experience in preparing and filing PERM cases. We believe that our suggestions, if implemented, would streamline the completion of Form ETA 9089, reduce confusion as to the meaning and implications of answers to various questions, and decrease chances of wrongful denials of applications by the DOL.
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Our recommendations include the following changes:

• a separate category for employees who are medical doctors, with MD degrees

• suggestions that would reduce confusion in situations where employers are equally willing to accept potential employment candidates with either specified experience or experience in related occupations, as opposed to what is classified as alternate experience

• revision of certain questions so that the response will accept "months" as opposed to "years," since that will lend clarity

• expanding the definition of "foreign education equivalent" to include, where applicable, a "combination of education from any institution/s equivalent to the required U.S. degree," along with similar, other relevant important issues

We believe that these changes, if implemented, will benefit a great number of employers and their prospective foreign national employees in the PERM labor certification process. After agreeing with many of our points and thanking us for our efforts, AILA advised that many of our suggestions would be utilized in their proposal to DOL.
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Conclusion
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In the area of U.S. immigration law, there are many subtle and complex issues. The PERM process revised the labor certification system in a comprehensive and efficient manner. Neither the DOL nor the private practitioners involved in the review process for the initial PERM form could anticipate every nuance or potential problem. PERM is a form-driven process, and deficiencies in the form lead to confusion and improper denials. The consequences are devastating delays and lost opportunities for thousands of families to live and work legally in the U.S. It also results in penalties for U.S. employers, who strive to comply with the ever-changing, complex immigration laws, regulations, and policies. It can take time to determine all the problems with a particular form that are not obvious in the beginning. There are matters that have come to light only through application of the process over time. We at the Murthy Law Firm are pleased to share some of our ideas and proposals to help further streamline and improve the existing system, for the benefit of both employers and employees who use the PERM system for the green card process.