How to Disclose a Family Relationship on the PERM Application

Hiring foreign talent through the employment-based green card process involves many legal steps, and one small checkbox on the PERM labor certification application can lead to serious consequences if overlooked. That box asks if there’s a familial relationship between the foreign worker and anyone in ownership or leadership at the sponsoring company.

While it may seem minor, failing to answer this question accurately can result in fraud charges, denial of an employee’s green card, or even long-term immigration bans. Here’s what employers need to know to stay compliant and protect their employee’s future in the U.S.

What Is the PERM Familial Relationship Disclosure?

The PERM (Program Electronic Review Management) process is the first step in most employment-based green card applications. Managed by the U.S. Department of Labor (DOL), it’s designed to ensure that no qualified U.S. workers are being displaced by hiring a foreign national.

As part of the application, employers must file ETA Form 9089. One critical question on the form asks:

“Is there a familial relationship between the foreign worker and the owners, stockholders, partners, corporate officers, and/or incorporators?”

While “familial relationship” isn’t defined in DOL regulations, the Office of Foreign Labor Certification (OFLC) states “A familial relationship includes any relationship established by blood, marriage, or adoption, even if distant.”

This includes:

• Immediate family (parents, children, siblings)
• Extended relatives (cousins, aunts, uncles, nieces, nephews)
• In-laws and step-relatives
• Distant or complex relations (e.g., second cousins, step-in-laws)

In short, if there’s any family tie between the worker and a person with ownership or decision-making power at the company, it must be disclosed.

Why Disclosing Familial Relationships on PERM Matters

The PERM process exists to protect U.S. labor. If there’s a family relationship between the sponsor and the worker, the DOL may question whether the recruitment process was conducted fairly and whether a real job opportunity existed for U.S. workers. That doesn’t mean it’s illegal to sponsor a relative; it just means the case will face additional scrutiny.

Disclosing the relationship helps maintain transparency and shows that the employer is acting in good faith. It also prevents downstream consequences like audits, delays, or denials.

Impact of Familial Relationships on PERM Applications

If a familial relationship is disclosed, the DOL will typically audit the application. During the audit, the employer must prove:

• The job opportunity was genuine and open to any qualified U.S. worker
• The recruitment process was fair and followed all PERM advertising rules
• The sponsored employee had no control or influence over the recruitment or selection process

Employers should be prepared to present detailed documentation that supports their recruitment efforts, including job postings, applicant screening processes, and justification for choosing the foreign worker.

Consequences of Failing to Disclose a Familial Relationship

Failing to disclose a familial relationship — whether intentionally or unintentionally — can have serious, long-term consequences for both you (the employer) and the sponsored employee, including:

• Revocation of the I-140 petition: Even if the green card petition was approved, discovering an undisclosed family relationship can lead U.S. Citizenship and Immigration Services (USCIS) to revoke it, costing the employee all benefits associated with their approved petition, including their priority date.
• Immigration fraud findings: USCIS may interpret a failure to disclose a familial relationship as lying on an immigration form. This could result in a fraud designation and can permanently bar the sponsored employee from entering or reentering the United States.
• Employer penalties: As an employer, you could face sanctions, future ineligibility to sponsor foreign workers, or reputational harm within the immigration system.

These outcomes can happen even years after a PERM application is approved. For this reason, it’s important to disclose familial relationships.

Bottom Line

Disclosing a familial relationship on Form 9089 is a legal requirement that protects both the employer and the sponsored employee. Because the DOL takes a broad view of what qualifies as “family,” employers should thoroughly assess any potential connections before submitting a PERM application. The short-term effort can save years of legal headaches and protect your employee’s future in the U.S.