PERM CASES QUICK TIP - Do Not Rely on Beneficiary's Resumes


Determining educational and experiential (if any) requirements are probably one of the most important and, PERM process-wise, long-reaching aspects of a PERM case.

While it is relatively simple to state/list these requirements on the Prevailing Wage Request (and down the line on the job order, notice of posting, ads, and ultimately on the Form ETA 9089 itself), it is, however, crucial that the Beneficiary's education and experience can actually be fully and accurately documented at the I-140 Stage of the permanent residency process.

To avoid unpleasant "surprises" at the I-140 stage, we strongly suggest that the PERM Beneficiary, prior to submitting the Prevailing Wage Request, provides a full copy of his/her educational credentials (and credible evaluation if the credentials are from a foreign university/college), as well as past employment verification letters, printed and signed on that past employer's letterhead, clearly stating the position Beneficiary held, his/her exact period of employment, and at least brief description of the Beneficiary's duties.

We believe that relying on the Beneficiary's resume (at the initial Prevailing Wage State of PERM process) to determine his/her past experience is not the preferred or most reliable method of ensuring that you later on avoid unpleasant surprises at the I-140 stage.

As we said, it is at the I-140 Stage when the Beneficiary is absolutely required to provide past employment experience letter(s) (if the PERM position requires past experience of course). One does not want to be in the position to have the Beneficiary now suddenly inform you (or, which is more likely, it becomes apparent from reviewing the letters) that there are significant differences between what was listed on the resume and what the past employer letter states.

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Reprinted with permission.

About The Author

Dino Palangic is the founder of Faveo Paralegals which provides per-case, flat-fee immigration paralegal services to law firms and in-house legal departments of corporations across the United States. They are U.S. based and available via email, phone, or Skype. Their staff previously worked for top U.S. national law firms and in-house departments of major Fortune 500 Corporations. Their paralegals adhere to the highest ethical and professional standards set for paralegals by the American Bar Association.

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