PERM Through a PEO

[AAlien]

My company is ready to file my PERM application in the EB-2 category. The company is a client of a PEO (Professional Employer's Organization) Insperity. I'm running into the following problems & am wondering if anyone has had a similar experience & what you did to overcome them.

1)The company does not have its own EDD# due to which they cannot register on the CalJobs website hence, unable to fulfill the State Workforce Agency recruitment efforts.

2) I have read that people have gotten RFE's &/or Denials on their I-140 - Has anyone gone through this?

Any help on this matter would be greatly appreciated.

Thanks

[Attorney_9]

Sometimes, the Employer can run into difficulties with the PERM and I-140 process where all of their HR processes are run through a PEO.

You and your employer should speak with a competent immigration attorney to discuss approaches to the SWA job order and the I-140 sitaution in light of the PEO relationship.

[rapidboy]

I got RFE on employer and PEO relationship. Can you please update me your feedback, how this should be resolved? What are the best documents as a proof we should submit?

[AAlien]

I got this response from one of the Murthy lawyers. This might help you with your RFE. I haven't received an RFE but was checking if others have had similar experiences & what they have done so far. I want to get my paper work in order to try to prevent an RFE. (High hopes)

"Company's are able to use PEOs to process their employees paychecks. They will have to provide proof of the PEO agreement with their company to show that the company is still the employer of the employee and not the PEO.

If you have specific questions in regard to your case, I recommend that you contact a knowledgeable immigration attorney in regard to your case.

The Murthy Law Firm has very well-regarded Greencard and Nonimmigrant Departments with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys."