Poor Job Design From the Start
The single most common and most damaging mistake. If the job is not properly designed before the prevailing wage is filed, every subsequent step — recruitment, the application, even an approved certification — is built on a flawed foundation. With the auto-population feature, this error is now baked into the system and cannot be corrected mid-process.
Selecting the Wrong SOC Code
The SOC code is not just an administrative label. It determines the wage level, shapes the job description, and influences how DOL evaluates the position. An incorrect SOC code can result in a wage determination that does not match the actual job, triggering audit or denial.
Overly Restrictive Job Requirements
Requiring skills, experience, or education beyond what is genuinely necessary for the job is a serious red flag. DOL will scrutinize requirements that appear designed to fit a specific foreign national rather than describe what a U.S. worker would need. This is the most common basis for PERM audits.
Recruitment Mismatch With the PWD
Recruitment ads, job postings, and the final ETA-9089 must all describe the same position. Any material difference between what was advertised and what was filed — even a minor variation in duties or requirements — can be fatal to the case. Consistency across all documents is non-negotiable.
Proceeding Without Experienced Counsel
PERM is not a DIY process. The combination of technical complexity, long processing times, and the consequences of error make it one of the highest-stakes filings in immigration law. Attempting to handle PERM without an experienced immigration attorney is a risk that rarely pays off.
