Q: Incomplete PWD for the PERM
My employer got PWD approved, but we just noticed that they didn’t indicate their DBA name (doing business as) on the PWD form (ETA-9141). However the legal name and other info was indicated correctly.
They are about to start recruiting process, but I’m just worried that the fact that the DBA name wasn’t indicated can cause issues when applying for PERM? And if they later indicate the DBA name in the perm application will it bring any confusion?
Please advise!
A:
In your situation, the omission of the DBA (Doing Business As) name on the Prevailing Wage Determination (PWD) form (ETA-9141) might not be a significant issue, especially if the legal name and other details of the employer are correctly listed. The PWD primarily focuses on the job duties and the prevailing wage for the position, rather than the employer's name specifics.
However, consistency in documentation is key in immigration processes. When filing the PERM application, it would be prudent to include both the legal name and the DBA name of the employer. This approach can help avoid any potential confusion or questions from the Department of Labor (DOL) regarding the employer's identity.
If there is concern about the difference in names causing issues, it might be wise to consult with an immigration attorney. They can provide specific guidance on whether an amended PWD is needed or if additional explanation in the PERM application would suffice. Ensuring all details align in the initial stages can help avoid complications later in the process.
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