Hiring international talent can be an asset for any business, especially in a competitive job market. But for employers sponsoring foreign workers for an employment-based green card, legal compliance starts with the PERM process. One detail that often causes confusion is disclosing family relationships in PERM applications.
Failing to properly disclose these connections on Form 9089 can lead to audits, petition denials, or worse—fraud findings. At Orange Law Firm, immigration attorney Houston Karan Joshi helps businesses and foreign employees protect their immigration cases by staying compliant from the beginning.
What Is the PERM Labor Certification?
Before filing an immigrant petition for a foreign worker, most employers must complete the PERM labor certification with the Department of Labor (DOL). This process is meant to show:
- There are no qualified U.S. workers available for the job
- Hiring a foreign worker won’t affect local wages or working conditions
The application is submitted through Form ETA-9089, which includes a key question that often goes unnoticed:
“Does the foreign worker have any family connection to a company owner, officer or hiring decision maker?”
Understanding this question correctly and giving the exact answer is very important for PERM application compliance.
What Counts as a Family Relationship?
The DOL takes a broad view of family connections. Disclosing family relationships in PERM applications means reporting any connection by:
- Blood (parents, children, siblings, cousins, etc.)
- Marriage (in-laws, spouses, step-family)
- Adoption
Even if the foreign worker is distantly related to someone involved in hiring or owns a small share of the business, the relationship must be disclosed.
Many employers make the mistake of assuming that distant or informal ties don’t matter. But the DOL does not make exceptions based on closeness. If a connection exists, it must be reported.
Why Disclosing Family Relationships in PERM Applications Is Crucial
Transparency is not optional. While hiring a family member isn’t prohibited, the DOL expects employers to be honest and clear. The goal is to ensure that job openings were truly available to qualified U.S. workers, not created with a specific person in mind.
Not disclosing family relationships in PERM applications may lead to:
- Immediate audits
- Delays in the green card process
- Petition denials by USCIS
- Possible allegations of misrepresentation
The risk isn’t limited to the worker. Employers can face long-term issues with future immigration filings if they’re found to have submitted inaccurate or incomplete information.
What Happens When a Relationship Is Disclosed?
If a relationship is reported on the PERM form, the Department of Labor will usually initiate an audit. This is not a rejection, but it does require the employer to show that:
- The job opening was legitimate
- U.S. applicants had a fair chance
- The hiring process followed all DOL rules
- The foreign worker had no influence on hiring
Supporting documents may include:
- Copies of job ads and postings
- Screening logs and interview notes
- Detailed records of each step in the recruitment process
An immigration attorney in Houston can assist with organizing these records and responding to audits efficiently.
Consequences of Not Disclosing a Relationship
Even if the mistake is not intentional, if you forget to report Family Relationships, it can have serious consequences such as
1. Green Card Petition Revocation
Even after the I-140 petition is approved, USCIS can revoke it if they later learn that a required relationship disclosure was skipped.
2. Fraud Allegations
If you do not mention your family connection, it can be considered false information under immigration law, and it can result in a permanent green card ban
3. Penalties for Employers
Employers may lose their ability to file future PERM applications, face DOL investigations, and suffer reputational damage within the immigration system.
This step, if taken lightly, can lead to years of hard work. That is why full and honest disclosure is essential in PERM application compliance.
How Employers Can Stay Compliant
Often, people think that disclosing family relationships in PERM applications will spoil the matter, but if the preparation is strong, then this step can be handled easily.
Here are the best practices every employer should follow:
Evaluate All Possible Family Ties
Ask direct questions to foreign workers about any connections to owners or decision-makers, no matter how minor.
Disclose Clearly on Form 9089
When in doubt, disclose. A short explanation is better than risking an audit for hiding information.
Maintain Clear Hiring Records
Keep documentation for each step of the hiring process. Show that U.S. workers were fairly considered.
Separate the Foreign Worker from the Hiring Process
Avoid any direct involvement by the sponsored worker in screening or decision-making for the role.
Work With an Immigration Attorney in Houston
If you have a skilled immigration expert, you not only avoid mistakes but also remain ready to face audits.
How Orange Law Firm Helps
At Orange Law Firm, Attorney Karan Joshi works with Houston-based employers to make sure their PERM labor certification cases are filed correctly. That includes reviewing job descriptions, preparing recruitment documents, and—most importantly—guiding clients through disclosing family relationships in PERM applications.
Legal mistakes during the PERM stage can be costly and difficult to fix later. Our firm helps you get it right the first time.
Don’t Skip the Small Print
Disclosing family relationships in PERM applications may seem like a minor formality, but it holds significant weight. The immigration system prioritizes fairness and transparency. Trying to shortcut that system—intentionally or not—can put both your business and your employee’s future at risk.
At Orange Law Firm, we ensure that your PERM process is handled with precision. With the right legal approach, your team can grow without compromising compliance.
