Xie Law Offices, LLC
Has PERM regulation eliminate the ¡°business necessity¡± issues?
The proposed PERM rules eliminated the "business necessity" justification to justify job requirements not normal for the occupation.  But the final rule retains the current business necessity standards allowing employers to provide documentation demonstrating that the job requirements bear a reasonable relationship to the occupation in the context of the employer¡¯s business and are essential to perform, in a reasonable manner, the job duties as described by the employer.
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