Does Having a Familial Relationship With the Employer Increase PERM Scrutiny?

Published: April 1, 2025

The process of securing a US green card involves multiple steps. Obtaining a job offer from a US employer is typically the starting point for foreign workers seeking a lawful permanent residency status in the country. 

After the job offer, the employer must complete the PERM labor certification process before sponsoring a foreign worker and submitting an employment-based visa petition to the US Citizenship and Immigration Services (USCIS).

The labor certification application requires information on the job position, employer, and foreign national. Disclosure of familial relationships between the US employer and the prospective foreign employee is part of the PERM process. 

Although no one factor can be the sole basis for denial, a close familial relationship can increase the scrutiny of a PERM application. In this post, be aware of the potential concerns of having a familial relationship with the employer. We’ll also provide guidance on navigating them effectively while remaining compliant with Department of Labor (DOL) regulations. 

Understanding What a Family Relationship Is

The DOL requires the disclosure of family ties between the noncitizen and the organization’s principals. Typically, they can include owners, partners, stockholders, incorporators, and corporate officers. The labor certification form requires such disclosure, which is completed by selecting “yes” to the question in Part C.9. 

According to the DOL guidance, familial relationships encompass any connection through blood, marriage, or adoption and extend to relationships with distant family members. For instance, it explicitly lists cousins, uncles, aunts, grandparents, grandchildren, in-laws, and stepfamilies as familial relationships. 

Potential Impact of a Familial Relationship on PERM Scrutiny 

As part of protections for US workers, the DOL ensures the job is genuine and open to them without undue influence or favoritism on the hiring decisions concerning the position offered to the foreign worker. 

Any control or influence of the foreign worker over the recruitment or selection efforts may indicate a conflict of interest. For instance, the DOL closely examines job offers from companies where foreign workers hold significant control or ownership. Such circumstances may not constitute a bona fide job opportunity and are primarily intended to benefit the foreign worker. 

Thus, in cases where a familial relationship exists between the employer and the sponsored foreign workers, the DOL questions the lack of good faith in recruitment efforts. This can result in heightened scrutiny in the PERM process. 

The DOL assesses the totality of circumstances to ensure that the employer conducts a fair recruitment process without undue influence and that there is a bona fide job opportunity. Before approving a petition, authorities confirm the accuracy of all statements, including those in labor certification. 

How Employers Can File PERM Applications for Family Members

Although having a familial relationship with the employer significantly impacts a PERM application, it does not preclude approval. However, the employer must maintain transparency and compliance throughout the process. Here’s how employers can file a PERM application for family members:

• Properly disclose familial relationships on the labor certification form and prepare documentation requested by the DOL to assess the relationship further. 
• Comply with DOL regulations in the recruitment process by advertising job openings widely and evaluating all applicants fairly. 
• Respond promptly and efficiently to all DOL audits and requests for evidence. 
• Work with the appropriate immigration lawyer to examine all relevant factors and the impact of familial relationships on the immigration case. 

Contact ALG Lawyers to Ensure DOL Compliance 

Demonstrating good faith throughout the PERM process is paramount in complying with DOL regulations. Due to the intricacies of PERM applications, particularly involving a family relationship with the employer, you must consider collaborating with a reliable Los Angeles immigration lawyer to lessen risks and increase the chances of approval. 

Our team at ALG Lawyers has decades of experience handling a range of immigration concerns. We can guide you through the process and help ensure that your application is positioned for success. Secure an appointment today for personalized assistance from our immigration attorney.