PERM Labor Certification Pitfalls: Common Employer Mistakes and How to Avoid Them

Hiring foreign workers under the PERM Labor Certification process can help companies meet long-term labor needs when qualified U.S. workers are not available. The process, however, is not forgiving. From documentation issues to audit triggers, PERM filings are closely reviewed by the U.S. Department of Labor. Employers who misunderstand these requirements often face denials, delays, or investigations that cost time and resources. At The Bernard Firm, we help businesses of all sizes properly manage the PERM process by identifying red flags and ensuring full regulatory compliance from the beginning.

Before submitting a PERM application, employers must understand how each stage of the process impacts success. This includes accurately defining job requirements, following advertising rules, managing timelines, and maintaining internal records. Mistakes can create long-term consequences for both the company and the prospective employee.

For businesses hiring global talent, understanding these pitfalls is key to avoiding legal setbacks. To avoid early pitfalls in the PERM process, connect with our firm through our contact page for legal support tailored to your business.

Job Descriptions That Invite Scrutiny

An inaccurate or overly tailored job description is one of the most common errors in PERM applications. The Department of Labor expects employers to list duties and requirements that are consistent with industry norms for the job in question. If the job description appears customized to fit a specific worker’s background, it may be flagged for audit.

For example, inserting foreign language requirements or niche technologies without proper justification can raise suspicion. Employers must be able to prove that every listed requirement is essential to the position and not created to exclude potential U.S. applicants. Working closely with immigration lawyers during this phase can help employers craft accurate, defensible postings that withstand regulatory review. For additional insight into how we support businesses through these critical stages, visit our services.

Advertising Missteps That Trigger Audits

Another common issue arises during the mandatory recruitment phase. Employers are required to conduct a good-faith test of the labor market by advertising the position across several platforms, including state job banks, newspapers, and other professional sources.

Common mistakes include:

• Failing to match the advertisement with the job description submitted to the DOL
• Listing incorrect job titles or locations
• Omitting required disclosures, such as job duties or minimum requirements

These inconsistencies may appear minor, but they often result in audit notices or outright denials. Employers should document every step of the recruitment process, including screenshots, publication dates, and detailed logs of applicant evaluations.

Working with immigration attorneys can help ensure that every step of the recruitment process is consistent and adequately documented. At The Bernard Firm, we guide clients through each step of the recruitment timeline to reduce the risk of error.

Documentation Gaps and Recordkeeping Failures

PERM regulations require employers to retain detailed records for five years after filing. These records must include copies of advertisements, resumes received, interview notes, and an audit file with all supporting documents.

A significant error occurs when employers fail to prepare a compliant audit file before submitting the ETA Form 9089. If selected for audit, the employer has just 30 days to produce the file. Missing documents or unorganized files can often lead to a denial. The safest approach is to build and review the audit file in parallel with the recruitment process.

Partnering with green card attorneys can improve documentation procedures and ensure your files are always audit-ready. This is especially important for companies that submit multiple PERM applications each year and need reliable recordkeeping systems in place.

Prevailing Wage Inconsistencies

The prevailing wage determination (PWD) sets the baseline salary that must be offered for the position. Errors in this phase can delay the entire process or result in noncompliance penalties. Employers sometimes underestimate the wage level by misclassifying the job title or location, which can lead to significant problems later.

The DOL expects accurate classifications that reflect the actual responsibilities of the job. Failing to offer the prevailing wage is a PERM violation that can derail the green card stage that follows. To prevent these setbacks, employers should review the wage determination carefully and document their compliance with the stated salary requirement.

If your business is unsure how to manage prevailing wage classifications or timelines, our team can assist in aligning your compensation practices with federal requirements.

Building Long-Term Success Through Compliance

Each stage of the PERM process matters. Employers who stay organized, follow recruitment rules, and maintain clean documentation improve their chances of approval and reduce exposure to costly audits or delays. The Bernard Firm works closely with businesses and institutions to streamline labor certification while keeping compliance at the forefront. With clear guidance and careful planning, your company can move forward confidently in hiring foreign workers. To speak with our team, contact us today.