Miami, FL asked in Immigration Law for Florida

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!

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.