The Department of Labor’s (DOL’s) Office of Foreign Labor Certification (OFLC) has changed the sponsorship confirmation process after the filing of a PERM application. Where the previous process provided the employer with only seven days to respond to the sponsorship questionnaire, the new PERM sponsorship confirmation process provides the employer with 30 days to respond. The process is currently in place and is as follows:
1. After filing the PERM application, the employer will receive an e-mail with the sponsorship questionnaire. The employer’s attorney/agent will be notified that the e-mail has been sent. If the employer does not provide an e-mail address on its PERM application or the PERM application is mailed in, a DOL contractor will contact the employer by telephone to confirm sponsorship.
2. If after seven days the employer has not completed the sponsorship process, the employer will receive a second e-mail with the sponsorship questionnaire. The employer’s attorney/agent will again be notified that an e-mail has been sent to the employer.
3. After the second e-mail is sent to the employer, OFLC will not send another e-mail nor will a DOL contractor contact the employer by phone to complete the sponsorship process. Instead, if the employer does not respond after 30 days from the initial email, OFLC has indicated that the PERM application will be reviewed and denied on the basis of non-response.