PERM Post-Filing Tasks for Immigration Attorneys: Key Steps

55 views

Table of Contents

It was a typical Thursday morning, and the office was buzzing with activity. Phones were ringing, attorneys were pacing between their desks, and the sound of keys typing echoed throughout the space. John Doe and Jan Doe, two seasoned immigration attorneys, sat across from each other, both surrounded by piles of paperwork as they reviewed the latest EB-2 petition.

A Conversation Between Two Top Attorneys: John and Jan

John: “Jan, we’ve just submitted the ETA-9089 for our client. What’s next?”

Jan: “Great question. Now, we need to manage the post-filing tasks effectively to ensure a smooth process.”

John: “Right, but what exactly does that entail?”

Jan: “Let’s break it down. First, we need to inform the employer and employee about the filing details. Then, we estimate the processing timeline and keep them updated. It’s crucial to stay abreast of any changes from the Department of Labor (DOL).”

Key Steps PERM post-filing tasks for immigration attorneys

1. Confirming the Filing and Informing Stakeholders

Step: Once the ETA-9089 is submitted, promptly notify the employer and employee. Provide them with the priority date and other pertinent details. Express appreciation for their cooperation during the process.
Example: You email the HR manager:

“Dear [Employer], the ETA-9089 has been officially submitted. The priority date is September 10, 2025. Thank you for providing all required documentation promptly—this helps ensure smooth processing.”

Benefit: Builds trust and reassures stakeholders that the application is in progress.

2. Estimating the Processing Timeline

Step: Inform stakeholders about the expected processing times. The DOL typically takes several months to process applications, and delays can occur, especially if the application is audited.
Example: During a client call:

“The DOL currently averages 6–8 months for PERM processing. If an audit occurs, it could extend the timeline by several months. We’ll keep you updated every step of the way.”

Benefit: Helps manage expectations and reduces client anxiety.

3. Staying Updated with DOL Changes

Step: Regularly check the DOL’s Foreign Labor Application Gateway (FLAG) portal for updates on processing times and any procedural changes. Staying informed helps in managing client expectations and preparing for any potential audits.
Example: You notice a new DOL memo affecting wage determinations:

“We’ve reviewed the recent DOL update on prevailing wage calculations. This will not affect your current filing, but we will monitor any future changes closely.”

Benefit: Ensures your practice remains compliant and proactive.

4. Preparing for Potential Audits

Step: If the DOL selects the application for audit, be prepared to respond promptly. Ensure all documentation is accurate and readily available to facilitate a smooth audit process.
Example: The DOL requests additional financial records:

“We have gathered all payroll records, tax filings, and recruitment documentation. The audit response has been prepared and submitted within the 30-day deadline.”

Benefit: Reduces risk of denial and demonstrates professionalism.

5. Communicating with Stakeholders

Step: Maintain open lines of communication with the employer and employee throughout the process. Regular updates help in managing expectations and building trust.
Example: Weekly update email:

“Your PERM case remains on track. No new developments this week. The current processing time remains 6-8 months. We will alert you immediately if any audit or update occurs.”

Benefit: Keeps everyone informed, reduces stress, and strengthens client relationships.

Challenges and ImmiSupport Solutions for PERM Post-Filing Tasks

What Did We Learn?

Promptly inform stakeholders about filing details.
Provide realistic processing timelines.
Stay updated with DOL procedures and changes.
Be prepared for potential audits.
Maintain open and regular communication.

What People Are Asking?

1.What should I include in post-filing communications with clients?

Include filing details, priority dates, estimated processing times, and contact information for follow-up.

2.How can I estimate the processing timeline for a PERM application?

Refer to the DOL’s FLAG portal for current processing times and historical data.

3.What steps should I take if a PERM application is audited?

Review all submitted documentation for accuracy, prepare any additional required information, and respond promptly to audit notifications.

4.How often should I update clients during the post-filing phase?

Provide updates at key milestones, such as after filing, upon receipt of audit notifications, and upon final decision.

5.What resources can help me stay informed about DOL changes?

Subscribe to updates from the DOL’s FLAG portal and monitor relevant sections of the Federal Register.

Disclaimer:

For informational purposes only; not applicable to specific situations.

For tailored support and professional services,

please contact Immisupport, at +1 888 884 2161

Email: info@immisupport.com

Book a Demo: https://immisupport.com/demo/

Rated 4.9/5 by immigration attorneys. If you are looking for Outsourcing services for your Immigration practice, please email 📧info@immisupport.com or call 📞(888) 884-2161.