Certifications and Job Duties in PERM

In this recent decision, the issue that arose was that the job required a “certificate,” but not necessarily a license. The point of contention was whether or how this fact had to be listed on the form filed with the Department of Labor because there was not a readily apparent place to list a certificate was required. I’m glad the employer won here, but this one seems like it easily could - and perhaps should - have gone the other way. The prior position required additional qualifications and there are ways to list this necessity in the form. Anyway, the key point here is that many jobs hiring in this program - like long-haul truckers, for example - will be required to hold or quickly obtain various licenses or certifications in order to fill their job. Usually, the employer’s needs can be accommodated and the form filled out properly to avoid issues like this arising with a just a modest bit of careful planning and discussion on the front end of things

Originally from June 2019, found here: https://www.permlabor.com/blog/decision-on-listing-certifications-required-to-perform-job-duties