Introduction
From time to time, the U.S. Department of Labor (DOL) issues a Request for Information (RFI) after receiving a PERM application. These requests often ask whether the job being sponsored truly constitutes a bona fide, permanent, full-time position within the employer’s business. This is especially common in the IT consulting industry, where employees are placed at client locations.
The goal of this article is to help employers understand what the DOL is seeking, what lawful documentation may be provided, and how to respond transparently and accurately. This information is for compliance awareness only and should not be used as a substitute for individualized legal advice.
Why the DOL Sends These RFIs
The DOL’s role is to ensure that the job opportunity offered in a PERM case is real, ongoing, and open to qualified U.S. workers. When the employer is a consulting or contracting firm, the agency sometimes questions whether the position is tied only to one client or project. The RFI is simply a fact-checking step to confirm that the job exists as part of the employer’s permanent business operations.
The Legal Standard
Under 20 C.F.R. § 656.3, “employment” means permanent, full-time work for an employer other than oneself. Section 656.10(c)(8) requires that the job opportunity must have been and continue to be clearly open to any qualified U.S. worker. To meet this standard, the employer must be able to show—truthfully and with documentation—that the position:
• exists within the normal operations of the company
• is full-time (at least 35 hours per week) and permanent
• would continue even if the current employee left
Compliance-Focused Response Principles
- Be factual and consistent. All information provided to the DOL must be truthful and supported by contemporaneous business records.
- Show the ongoing business need. Explain how the position fits into the company’s regular structure—its software, IT, or operations division—not just a single client project.
- Use verifiable evidence. Include documents such as organizational charts, payroll summaries, W-2s, or employment agreements that demonstrate permanent, full-time staffing.
- Redact lawfully. It is appropriate to remove client identifiers from contracts or statements of work, but do not alter or obscure any material facts that relate to the DOL’s inquiry.
- Consult legal counsel. An experienced immigration attorney can help organize the response, verify factual accuracy, and ensure all representations are consistent with the employer’s filings.
Documentation That May Support a Response
• Organizational chart identifying the software or development team and where the position fits.
• Job descriptions used for multiple hires showing that similar roles exist in the company.
• Payroll registers or W-2s demonstrating full-time hours and ongoing employment.
• Employee roster summarizing others in similar positions with hire dates and titles.
• Master Service Agreements or Statements of Work (redacted) showing that the company performs software or IT services for several clients over time—evidence of recurring business demand.
• Company capability statement or website excerpts confirming the employer’s service lines and operational scope.
Each document should stand on its own and together form a consistent picture that the company maintains permanent staff to meet continuous service obligations.
Lawful and Accurate Sample Language
“The position of Full Stack Developer is a permanent, full-time role within our software development division. This position has been part of our regular operations since [year] and has been filled by multiple employees performing comparable duties over time. The beneficiary currently occupies this position as a full-time W-2 employee. Enclosed are payroll summaries, organizational charts, and representative service agreements showing the company’s continuing business need for this role.”
This type of statement is factual, verifiable, and transparent. It avoids speculation and focuses on documented facts.
Handling Client Documentation Responsibly
When including client contracts or project records, employers should redact only the information that is genuinely confidential, such as client names or pricing. The remainder of the document—especially the duration, scope, and technical requirements—should remain intact so the DOL can confirm that the company’s work is ongoing and that its need for developers is continuous. Any redactions should be accompanied by a brief note explaining that the redacted details are unrelated to the position’s existence.
Common Compliance Pitfalls to Avoid
– Misstating the nature or duration of the position
– Submitting inconsistent or incomplete payroll evidence
– Omitting material portions of agreements necessary for DOL review
– Describing the job as temporary, project-based, or contingent upon a specific client
– Over-editing or modifying documents in a way that changes their meaning
Employers should also avoid speculative statements such as “the position will become permanent after green card approval.” The PERM job must already be permanent at the time of filing.
Maintaining Readiness Before Filing PERM
IT consulting firms can reduce audit risk by maintaining accurate, up-to-date internal records long before a PERM case is filed. Recommended practices include keeping an organizational chart current, documenting internal job titles and pay ranges, and ensuring each developer or analyst is on regular payroll with standard benefits. These steps help confirm that every position sponsored through PERM reflects an actual, ongoing business need.
Conclusion
Receiving an RFI from the Department of Labor about a PERM job opportunity is not unusual. It is part of the agency’s responsibility to confirm that employment opportunities are genuine and available to U.S. workers. The proper approach is to respond openly, factually, and with organized documentation that demonstrates the company’s good-faith compliance with all labor certification requirements.
Disclaimer: This article provides general information for educational purposes and does not constitute legal advice. Employers should consult qualified immigration counsel before preparing or submitting any documentation to the Department of Labor.
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