Handling Salary Adjustments After PERM Application Filing
When an employer has filed a PERM application and subsequently needs to make changes to the compensation or benefits of the associated position, it’s critical to understand the implications and how to proceed without jeopardizing the application’s success. Here’s what employers should do in this scenario.
Understanding the PERM Process
The Program Electronic Review Management (PERM) is the initial step for foreign nationals to obtain an employment-based green card in the U.S. The PERM application requires employers to conduct a recruitment process to ensure there are no willing or qualified U.S. workers available for the job. This is crucial for maintaining the integrity of the U.S. labor market.
Addressing Salary Adjustments Post PERM Filing
If an employer finds themselves in a situation where a salary adjustment is necessary after filing the PERM application, the most important factor is to maintain compliances with the Department of Labor (DOL) regulations.
- Evaluate the Nature of the Change: Is the salary adjustment significant? If the new salary still meets or exceeds the prevailing wage for the role and remains in line with the originally filed PERM application in terms of responsibilities and requirements, it might not necessitate refiling.
- Consult with Immigration Counsel: Before making any salary adjustment, it’s advisable to consult with an immigration attorney. They can provide guidance on whether the adjustment will affect the PERM process and suggest the best course of action.
- Document the Changes Carefully: Any changes should be meticulously documented. This documentation may be required if the U.S. Citizenship and Immigration Services (USCIS) raises questions or during the employee’s adjustment of status phase.
Modifying Employee Benefits
Modifying benefits is another area that needs careful consideration post PERM filing. The advertised benefits during the recruitment phase must be at least equivalent to the benefits offered to the approved candidate.
- If the benefits are enhanced, it’s generally not a concern as it does not disadvantage the U.S. worker.
- However, if benefits are reduced, the employer may need to re-evaluate whether the new terms still meet the conditions outlined in the labor certification.
Ensuring Compliance with DOL and USCIS Guidelines
It’s imperative for employers to follow DOL and USCIS guidelines throughout the PERM process and even after filing until the green card is issued. For more information on immigration laws, policies, and procedures, visiting the United States Department of Labor and USCIS official websites will provide authoritative resources.
Post-Filing Best Practices
Here are some best practices employers should adhere to after filing a PERM application:
- Avoid Significant Changes: Unless absolutely necessary, avoid making material changes to the job description, salary, or benefits.
- Maintain Consistent Records: Keep consistent and detailed records of the offered position’s terms at the time of PERM application filing.
- Proactive Communication: If changes must be made, communicate these changes with the foreign national beneficiary and document any agreed adjustments.
To wrap up, dealing with salary adjustments or employee benefits modification after filing a PERM application requires a delicate approach. Employers should always weigh the necessity of the change against the potential risk to the application process and seek legal counsel when in doubt. By carefully documenting any changes and staying up-to-date with DOL and USCIS regulations, employers can navigate these situations while maintaining compliance and supporting their employees’ path to permanent residency.
So there you have it, folks! Dealing with salary adjustments and benefit changes after filing a PERM application doesn’t have to be a headache. Just remember to evaluate the nature of the change, consult with an immigration attorney, and document everything meticulously. And hey, if you’re hungry for more juicy immigration insights, head on over to visaverge.com. They’ve got all the deets to keep you in the know. Happy reading!
FAQ’s to know:
FAQ 1: Can salary adjustments be made after filing a PERM application?
Yes, salary adjustments can be made after filing a PERM application. However, it is crucial to evaluate the nature of the change and ensure that the new salary still meets or exceeds the prevailing wage for the role and remains in line with the originally filed PERM application in terms of responsibilities and requirements. If the adjustment is significant or does not meet these criteria, refiling may be necessary.
FAQ 2: What should employers do if they need to make salary adjustments after filing a PERM application?
If employers need to make salary adjustments after filing a PERM application, it is advisable to consult with an immigration attorney. They can provide guidance on whether the adjustment will affect the PERM process and suggest the best course of action. Employers should also carefully document any changes, as this documentation may be required if the USCIS raises questions during the employee’s adjustment of status phase.
FAQ 3: Can employee benefits be modified after filing a PERM application?
Yes, employee benefits can be modified after filing a PERM application. If benefits are enhanced, it is generally not a concern. However, if benefits are reduced, the employer may need to re-evaluate whether the new terms still meet the conditions outlined in the labor certification. It is important to maintain compliance with DOL and USCIS guidelines throughout the PERM process and even after filing until the green card is issued.
What did you learn? Answer below to know:
- True/False: Modifying benefits post-PERM filing can only be done if the benefits are enhanced.
- What should employers do before making any salary adjustments post-PERM filing?
- When is it necessary to re-evaluate the terms of benefits after a PERM application filing?
