PERM FAQ’s – Complete List of PERM All Frequently Asked Questions issued by the DOL

U.S. Department of Labor Employment and Training Administration – Office of Foreign Labor Certification – Frequently Asked Questions – Permanent Labor Certification

Note: FAQs posted in rounds are for your information and convenience. Please refer to the list of FAQs for the most current guidance for each foreign labor certification program.

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Round 13: Preparation of Recruitment Report October 7, 2016

How detailed does the recruitment report have to be with respect to describing the results achieved from the employer’s recruitment efforts?

The employer must categorize the lawful job-related reason(s) for rejecting U.S. applicants and provide the number of U.S. applicants rejected in each category, as discussed below. 

In order for the Certifying Officer to determine whether a U.S. worker is able, willing, qualified and available for the job opportunity, the employer must provide the following information in its recruitment report:

(1) the total number of U.S. applicants who applied for the job opportunity;

(2) the total number of U.S. applicants hired for the job opportunity; and, if applicable,

(3) the total number of U.S. applicants who were rejected, separated out or categorized based on the lawful job-related reasons for rejection and how many fall under each category.

As a practice tip, the employer should indicate the total number of U.S. applicants who were interviewed for the job opportunity as well as list the names of each U.S. worker rejected under each category.

Categories need to be unique to each reason or multiple reasons for rejection. 

For example, a U.S. applicant who does not possess the minimum educational requirement should be classified and counted under a rejection category entitled “applicants who lack required education”.

If a second U.S. applicant likewise did not possess the minimum educational requirement but was also rejected for not possessing the special skill requirements under H.14, that U.S. applicant should be classified and counted under a separate category entitled “applicants who lack required education and special skills”.

Categorizing the employer’s recruitment results in this manner will enable the Certifying Officer to clearly establish the reason for disqualification of each U.S. worker and avoid the need for additional information requests. 

If the total number of U.S. applicants rejected does not equal the total number of U.S. applications received, the application may be denied.

To view two best practice examples of recruitment reports meeting regulatory requirements, please click Sample recruitment report 1 or Sample recruitment report 2.


Round 12 – October 12, 2010 – FILING – HOW TO FILE

Employer Point of Contact Information

Question: Who may the employer designate as its point of contact in Section D of ETA Form 9089?

Answer: The employer must designate as its point of contact an employee of the employer who is authorized to act on its behalf in labor certification matters pertaining to the specific job opportunity for which certification is sought. The designated employee may not be the sponsored foreign worker. The employer point of contact will be contacted by the National Processing Center to verify whether the employer is authorizing the filing of the application and sponsoring the foreign worker named therein. Therefore, an authorized employee’s name and contact information must be listed in  Section D of the employer’s submitted ETA Form 9089.  It is not acceptable, for example, to reenter the employer’s name listed in Section C of the ETA Form 9089 or provide a generic title such as “HR Manager.” Moreover, as indicated on the ETA Form 9089 and accompanying instructions, such a person’s name and/or contact information, e.g., the phone number and email address, must be different from the attorney or agent name and/or contact information listed in Section E of the ETA Form 9089, unless the attorney or agent is an employee of the employer.

Question: Can the employer designate its attorney or agent as its point of contact in Section D of the ETA form 9089?

Answer:  The employer can designate its attorney or agent as its point of contact in Section D in addition to Section E, Attorney or Agent Information, only when the attorney or agent is an employee of the employer. Otherwise, the point of contact must be an employee who is authorized to act on the employer’s behalf in labor certification matters and, as indicated on the ETA Form 9089 and accompanying instructions, the point of contact name and contact information, e.g., the phone number and email address, must be different from the attorney or agent name and contact information listed in Section E. The designated employee may not be the sponsored foreign worker.


Round 11 – August 3, 2010 – Filing – How to File:

 Question:  Does the Office of Foreign Labor Certification expedite applications?

Answer: The Office of Foreign Labor Certification (OFLC), as a matter of long standing policy, does not expedite the processing of applications due to the particular circumstances of any individual employer, foreign worker, or a family member.

Professional/Non Professional

Question: What documentation can an employer provide to evidence its use of an employee referral program with incentives as one of the mandatory three additional recruitment steps for a professional occupation?

Answer: Pursuant to 20 CFR 656.17(e)(4)(ii)(G), an employer can document its use of an employee referral program with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered as well as other appropriate documentation. In addition to establishing the existence of a referral program, employers must document that its employees were aware of the vacancy for which certification is being sought through means such as a posting on the employer’s internal web site. The Notice of Filing provided to satisfy § 656.10(d) shall not be sufficient for this purpose.

What to File/Documentation

Question: May an employer submit unsolicited documentation to the National Processing Center?

Answer: Where an employer or its representative submits unsolicited documentation in conjunction with, or after filing an ETA Form 9089, the application will be automatically selected for audit except in the case of a request for reconsideration filed after an application is denied. Where an employer or its representative submits unsolicited documentation prior to filing an ETA Form 9089, i.e., where there is no record at the National Processing Center of an application having been submitted by the employer, the documentation will be returned to the sender.

Please note that where an employer or its representative does receive a request for information or documentation from the National Processing Center, e.g. a request regarding confirmation of the bona fide existence of the business or sponsorship verification, such a request does not necessarily signify the application has been placed into the audit queue. However, failure to respond to the request for information or documentation may result in the application being placed in the audit queue or denied.

Notice of Filing

Question: For purposes of the Notice of Filing that is required to be made in connection with a PERM application, what does the Office of Foreign Labor Certification count as a “business day?”

Answer: OFLC has consistently interpreted business days to mean Monday through Friday, except for Federal holidays.


FAQs Round 10

Notice of Filing

Does the language on the electronic in-house media Notice of Filing need to be exactly the same as the language on the physical in-house Notice of Filing?

The regulations require that the employer publish the notice internally using in-house media–whether electronic or print–in accordance with the normal internal procedures used by the employer to notify its employees of employment opportunities in the occupation in question.  The language should give sufficient notice to interested persons of the employer’s having filed an application for permanent alien labor certification for the relevant job opportunity. It is not required to mirror, word for word, the physical posting. In most cases, the physical posting language will be the most efficient way to electronically post the Notice of Filing; in others, the software program used to create the electronic in-house posting may be unable to accept all of the language used in the physical Notice of Filing. In every case, the Notice of Filing that is posted to the employer’s in-house media must state the rate of pay and apprise the reader that any person may provide documentary evidence bearing on the application to the Certifying Officer. If there is insufficient space to include the Certifying Officer’s address, then information as to where the address can be found must be provided.

Advertisement Content

Does the advertisement have to contain the so-called “Kellogg” language where the application requires it to be used on the application?

Where the “Kellogg” language is required by regulation to appear on the application, it is not required to appear in the advertisements used to notify potential applications of the employment opportunity. However, the placement of the language on the application is simply a mechanism to reflect compliance with a substantive, underlying requirement of the program. Therefore, if during an audit or at another point in the review of the application it becomes apparent that one or more U.S. workers with a suitable combination of education, training or experience were rejected, the application will be denied, whether or not the Kellogg language appears in the application.

Can jobs requiring experience be advertised through an on-campus placement office?

For professional positions, the regulations at 20 CFR 656.17(e)(1)(ii)(D) permit, as an additional recruitment step, optional pre-filing recruitment at or through a college or university placement office. The preamble to the regulation (69 Fed. Reg. 77325, 77345 (Dec. 27, 2004)) assumed that this option would be used only if the employment opportunity requires a degree but no experience. The Department has examined this policy in light of the fact that many college and university placement offices maintain job listings that are used by alumni with experience as well as recent college or university graduates. Consequently, the job opportunities requiring experience are included in the listings making campus placement offices a viable recruitment source for professional job requiring experience as well as not requiring experience. As a result, the Department is clarifying its position and permitting this option to be used for employment opportunities even if the job requires experience in addition to the degree.

Is the employer required to include the statement, “any suitable combination of experience of education, training, or experience is acceptable” on the application when the employer requires experience in an alternate occupation and not in the job offered?

No, the employer is not required to include the statement on the application if the employer has indicated it requires experience in an alternate occupation and not in the job offered.  The “any suitable combination of experience of education, training, or experience is acceptable” statement is only required where there are primary as well as alternative requirements and then only if the alien is already employed by the employer and the alien does not meet the primary job requirements and only potentially qualifies for the job by virtue of the employer’s “alternative” as opposed to its “primary” requirements.

Audit

Can the employer submit alternative evidence in the absence of primary evidence in response to an audit request?

Under the procedures outlined in 20 CFR 656.20, in response to an audit, employers must present the required documentation.  The documentary evidence the regulations require the employer to maintain in its compliance file is what is sought in an audit request. For example, the use of an employer’s web site is to be documented by dated copies of pages from that site advertising the occupation involved in the application. However, if the employer does not have the primary evidence suggested by the regulation, it may attempt to satisfy the request through the use of alternative evidence not specifically listed in 656.17. In the case of the employer’s web site, in the absence of a copy of the posting, the employer may provide an affidavit from the official within the employer’s organization responsible for the posting of such occupations on the web site attesting, under penalty of perjury, to the posting of the job. Whether such evidence will be accepted depends upon the nature of the submission and the presence of other primary documentation. The more primary evidence is not provided, the more likely the audit response will be found to be non-responsive.

The United States Citizenship and Immigration Services (USCIS) has posted a sample of a Notice of Filing for a Schedule A permanent labor certification on their website. Will the Department of Labor accept/honor such a posting as sufficient proof of the Notice of Filing for a non-Schedule A permanent labor certification?

An employer may use the posting sample of a Notice of Filing issued by the USCIS and such a posting will be honored by the Department of Labor (DOL) provided that the Notice of Filing includes the employer’s name when filing under the basic labor certification process. DOL will honor the use of the sample form, but is not endorsing or requiring its use.  Employers may use other forms, as long as they comply with the PERM regulation. Please note that, while the USCIS sample does not include an employer name field, the Notice must contain the name of the employer if the application is filed under 20 CFR 656.17.

From previous “approved” FAQ drafts: Advertisement Content

After completing our recruitment, but before filing the ETA Form 9089, our company’s name was changed after it was wholly acquired by another company. Does the company name used in the advertisements used for recruitment have to match the company name used on the ETA Form 9089?

The employer must conduct recruitment using its legal name at the time of the recruitment. However, an Application for Permanent Employment Certification (ETA Form 9089) must be filed in the name of the employer’s legal name at the time of submission. If a merger, acquisition, or any other corporate change in ownership occurs between the time of recruitment and the time of submission, resulting in a disparity between the employer’s name shown on the advertising used to recruit for a job opportunity and the employer’s name on the submitted ETA Form 9089, the employer must be prepared to provide documentation — in the event of an audit — proving that it is the successor in interest, a determination made based on the totality of the circumstances, including whether the current employer has assumed the assets and liabilities of the former entity with respect to the job opportunity.


Permanent Labor Certification Frequently Asked Questions – November 29, 2006

WITHDRAWAL

How can an employer withdraw a PERM application if the employer has difficulty withdrawing electronically or the application was originally filed by mail?

In the event an employer is unable to withdraw electronically, the employer should send a withdrawal request by e-mail to the appropriate National Processing Center at: PLC.Chicago@dol.gov (for Chicago) or PLC.Atlanta@dol.gov (for Atlanta). To ensure the request is processed expeditiously, please include the following information in the e-mail request:

  • Show the words “Withdrawal Request” and the employer’s name in the subject line of the e-mail.
  • In the body of the e-mail, include the following information:
    • Application Number
    • Employer’s Name
    • Employer’s EIN
    • Alien’s Name
    • Name and title of individual requesting withdrawal

If the application was filed by mail or if the employer does not have access to e- mail, a letter must be mailed to the National Processing Center to which the application was originally submitted using the format as outlined above.

How can an employer withdraw a PERM application if it has already been certified?

An employer may withdraw a certified PERM application at any time. A certified PERM application may not be withdrawn electronically; therefore, the employer should send a withdrawal request by U.S. Mail to the appropriate National Processing Center where the original certification was granted as follows:

Chicago National Processing Center ATTN:  Certification Withdrawal

844 N. Rush Street

12th Floor                                                OR

Chicago, Illinois 60611

Atlanta National Processing Center ATTN: Certification Withdrawal Harris Tower

233 Peachtree Street, Suite 410

Atlanta, Georgia 30303

The employer must enclose all pages of the original certified ETA Form 9089 issued by the National Processing Center and include the following information in the written withdrawal request:

  • Show the words “Withdrawal Request – Certified PERM Application” and the employer’s name in the subject line of the
  • In the body of the letter, include the following information:
    • Application Number
    • Employer’s Name
    • Employer’s EIN
    • Alien’s Name
    • Name and title of individual requesting withdrawal

NOTE: While an application may be withdrawn at any time, if the employer has received an audit letter, it is still required to comply with the audit procedure provisions of 20 CFR § 656.20. The employer must submit the documentation required by the Certifying Officer within 30 days from the date of the audit letter.

Once an employer requests its application be withdrawn, how soon can the employer file a new application for the same alien beneficiary?

After requesting a withdrawal, an employer may not file a new ETA Form 9089 for the same alien beneficiary until one of the following occurs:

  • Employer sees, using the online PERM system, that the status of the original case changes from “In Process” to “Withdrawn,” or
  • Employer receives confirmation (via standard U.S. Mail or e-mail) from the NPC that the ETA Form 9089 currently in process has been

The employer is reminded that an employer may not file a new application merely because the online status changed to “Denied.” The employer must wait until it receives the Final Determination Form from the National Processing Center stating the reasons for the denial. This ensures the employer is apprised of all the application’s deficiencies.

ALIEN EXPERIENCE

If the employer’s minimum requirements include some period of training, must the alien beneficiary’s training be listed on the Application for Permanent Employment Certification, ETA Form 9089, Section K, as well as attested to in Section J?

An employer must list the actual minimum requirements for the job opportunity sought to be filled through the filing of the labor certification application. If training is required, the employer must list the training required for the position in Section H.5, noting the number of months of training required in H.5.A, and the field of training in

H.5.B. The employer and alien beneficiary must also attest that the alien beneficiary meets the training requirement in section J.17.

The employer is also required to list in Section K, as noted on the Form ETA 9089, “any other experience that qualifies the alien for the job opportunity for which the employer is seeking certification.” Accordingly, an employer seeking certification should list in Section K any training experience possessed by the alien that qualifies the alien for the job opportunity, regardless of how the training was secured. The source of the training should also be identified. For example, an application for the job opportunity of physician filed on behalf of an alien that requires 36 months of medical residency training in H.5 should not only mark section J.17 as “yes” but also list in Section K all training experience by which the alien meets that training requirement, as well as any other experience requirement. An employer filing an application for a job opportunity that requires 12 months of training in section H.5 should also list the training received by the alien in section K, regardless of whether it was a paid training opportunity, and also list the source of the training.

When completing section K, enter the training provider in the employer information section, to include the address. For the type of business, enter ‘training provider’ unless the training is of a work study type such as an apprenticeship or medical residency. The job title should be ‘Training’ unless there is an actual job title, in which case it should begin with ‘Training –‘ followed by the title, such as ‘Training – Apprentice Carpenter’. The employer should enter the beginning and end dates of the training. When there is an actual number of hours of training, the employer should enter those actual hours, otherwise the employer should enter the average number of hours per week spent in training. In the “Job Details” the employer should list the topics covered by the training, any certification of completion issued and, when applicable, the organization issuing the certificate, if different from the training provider, and the final test completion or certification date.

For example:

Employer A completes Section K as follows:

  1. Large Teaching Hospital
  2. 111 Main Street
  3. Anytown, DC 99999 USA
  4. Hospital
  5. Training-First Year Resident 6. 01/01/2000
  6. 12/31/2000
  7. 60
  8. Basic hospital procedures. Patient care techniques. Staff duties and responsibilities.
  9. First Year Residency Certificate, 12/31/2000

Employer B completes Section K as follows:

  1. Independent Project Management School
  2. 111 Main Street
  3. Anothertown, DC 99999 USA
  4. Training Provider
  5. Training
  6. 01/01/2000
  7. 12/31/2000
  8. 20
  9. Basic project management concepts. Use of graphics tools. Resource allocation.
  10. Professional Project Manager Certificate, Project Management Institute, 01/12/2001

TIMEFRAMES

How do I count days to establish recruitment timelines and time periods as outlined by the regulation?

Timelines are the number of days prior to or after a required event. When counting a timeline, the day of the event is not counted, the next day is counted as one, and the last day is included in the count. Thus, when determining the required 30 day timeline prior to filing an application for a newspaper advertisement placed on Thursday, February 1, 2007, the Thursday is not counted because it is the day of the event. Friday, February 2nd, is counted as day 1 of the timeline; Saturday, February 3rd, day 2; etc., up until Saturday, March 3rd, which is day number 30. The application can be filed on the 30th day after the event, Saturday, March 3rd, but not before.  The same result is achieved if counting back from the day of the filing.  If the application is filed on Saturday, March 3rd, the 3rd, is not counted because it is the day of the event. Friday, the 2nd, becomes day 1, Thursday, the 1st, is day 2, back to February 1st, the 30th day.  Under the limitation precluding filing in the 30 days prior to the date of filing, if an application was filed on March 3, 2007, a newspaper or national journal advertisement could have been placed as late as February 1st, but no later.

Time Periods are the number of days during which an activity must take place. Examples of time periods are the requirement a job order must be placed for 30 days and the requirement that a Notice of Filing must be posted for ten consecutive business days. When counting a time period, both the start date and end date are included in the count.  Thus, if a job order is on the State Workforce Agency web site from February 1, 2007, through March 8, 2007, February 1st, is day 1, February 2nd, is day 2, March 2nd, is day number 30, March 8th, is day number 36.

To determine the first date on which the application can be filed after posting a job order, the 30 day time period for the job posting and the 30 day prior to filing timeline must both be calculated. In the example we are using, March 2nd, [not March 8th] is the last day of the 30 day time period for the job order placement and is considered the event day so it is not counted in the timeline. Rather, the counting of the filing timeline starts on March 3rd,  which is counted as day 1, March 4th, is day 2; etc., up until April 1st, which is day 30, the earliest possible filing date for an application. In counting backward from April 1st to February 1st, the first is only day 59, not day 60 as would be the outcome if the 30 day time period required for the job order plus the 30 day timeline restriction prior to filing were added. This is because two counting paradigms are being combined—one where the event (or start date) is counted, the other where it is not.  Counting forward 60 days from the start of the 30 day job order time period does provide the correct calculation if the first day of the event is counted, as required, when counting days in a time period. To avoid mistakes, it is recommended that the time period and the timeline be counted separately.

As another example, the regulation requires a Notice of Filing posting for a time period of ten consecutive business days. If the order is posted on Monday, April 30, 2007, Monday is day 1, Friday, May 4th, is day 5; the following Monday, May 7th, is day 6; and Friday, May 11th, is day 10. May 11th, is the last day of this time period and is therefore defined as the event and is not counted when calculating the 30 day restriction prior to filing timeline. To calculate the 30 day timeline, May 12th, is day 1, May 13th, day 2, May 23rd, day 12; May 31st, day 20; and June 10th, is day 30. The application can be filed on June 10, 2007.

Examples of the earliest filing date permissible for a particular Notice of Filing posting or job order placement date are as follows:

If the Notice of Filing is posted on Thursday, June 28, 2007, the posting dates must be June 28 – July 12, and the earliest filing date permissible is Saturday, August 11, 2007, (the notice of filing must be posted for “ten consecutive business days and, therefore, neither weekends nor the Fourth of July are counted).

If the Notice of Filing is posted on Monday, August 20, 2007, the posting dates must be August 20 – August 31, 2007, and the earliest filing date permissible is Sunday, September 30, 2007 (the 30 day prior to filing limitation has no business day restriction and, therefore, weekends and holidays are included in the count).

If the job order start date is Monday, November 13, 2006, the end date must be Tuesday, December 12, 2006, and the earliest filing date permissible is Thursday, January 11, 2007 (neither the 30 day job order placement requirement nor the 30 day prior to filing limitation have a business day restriction and, therefore, weekends and holidays are included in the counts).

In Summary: There are two “types” of time calculations used by the Permanent Online System: timeline calculations and time period calculations.

  1. Timeline calculations are those calculations verifying the number of days prior to or after an event. For example, verifying that advertisements did not run less than 30 days but no more then 180 days from the date of
    • When calculating timelines, the day the event occurred is not counted. The next day is counted as day one and the last day of the event is included in the
  2. Time period calculations are those calculations verifying the number of days an activity took place. For example, verifying a job order ran for 30
    • When calculating time periods, the day the event occurred is counted as day one and the last day of the event is included in the

ACCEPTABLE PUBLICATIONS

Is the employer permitted to use an electronic national professional or trade journal?*

The employer may not use an electronic national professional journal to satisfy the provision found at 20 CFR 656.17(e)(1)(i)(B)(4) permitting the use of a journal as an alternative to one of the mandatory Sunday advertisements for professional positions. The employer may not use an electronic national professional journal to satisfy the provision found at § 656.18(b)(3) requiring an advertisement in a journal under optional special recruitment procedures for college and university teachers.

The employer must use a print journal to satisfy these two requirements.  However, if the employer wishes to use a professional or trade organization as a recruitment source to satisfy the additional recruitment required for professionals found at § 656.17(e)(1)(ii)(E), the employer may use that organization’s electronic journal to place an advertisement. Dated copies of pages from the electronic journal showing the advertisement can serve to satisfy the documentation requirement.

* This FAQ replaces an existing FAQ.


PERM FAQ Round 8

Procedure for requesting a Duplicate Labor Certificate. ETA-9089.

Requests for a duplicate ETA-9089 can be initiated by the petitioner by contacting the Department of Labor or by requesting that CIS assist with obtaining a duplicate labor certificate ETA-9089 from DOL. The following steps are suggested when requesting a duplicate ETA-9089 through USCIS. Please include on the top of the I-140, Petition for Alien Immigrant Worker, a cover sheet (preferably highlighted with colored paper) stating the following:

LOST OR MISPLACED LABOR CERTIFICATION, REQUEST FOR DUPLICATE, DO NOT REJECT

On the same sheet, the following information should also be included:

  1. Attorney name;
  2. Petitioner’s name;
  3. Beneficiary’s name;
  4. ETA case number;
  5. Priority Date;
  6. Specify whether you want USCIS to initiate the request for duplicate certificate ETA- 9089 or you have contacted DOL to initiate the request for duplicate;
  7. Proper fee, signature and all required supporting documents;
  8. A print screen showing that the case has been
  9. Provide the reason(s) for requesting that the Service Center secure a duplicate, approved labor certificate from DOL, e.g. “Case was certified, original approved labor certificate was never received in the “

Once the duplicate certificate ETA-9089 is received by USCIS, the petitioner and/or his representative will be contacted via a Request For Evidence (RFE) notice in order to secure the petitioner’s signature on the duplicate certificate. The certificate must be signed by the petitioner before USCIS can accept it for filing purposes.

  • Petitioners must send the signed duplicate ETA-9089, along with a copy of the RFE notice requesting the signature. Failure to do so may result in significant delays in processing or
  • Petitioners are reminded not to submit concurrent I-140 and I-485, Application for Permanent Residence, when submitting petitions without the labor certificate, and with a request that USCIS secures a duplicate ETA-9089 from DOL or evidence of having requested the duplicate from
  • If Forms I-140 and I-485 are concurrently filed without the ETA-9089, but with a request for duplicate labor certificate, the I-140 may be accepted and the I-485 However, if the fees for both forms are remitted with a single check, both forms will be rejected.
  • Applicants who have submitted a Form I-140 with a request for duplicate labor certificate ETA-9089 are encouraged to wait until approval of the Form I-140 before submitting Form I-485. When submitting the Form I-485 subsequent to approval of the

Form I-140, the approval notice of the Form I-140 must be submitted as well, along with appropriate fees and supporting documents.

REMEMBER THAT DOL WILL NOT SEND THE DUPLICATE CERTIFICATE TO YOU. DOL WILL SEND IT TO USCIS.


PERM FAQ – Round 7

POSTING TIMEFRAME

May I post a Notice of Filing for a permanent labor certification indefinitely?

Yes, an employer may post a Notice of Filing indefinitely, provided that at the time of filing the permanent labor certification application, the Notice of Filing was posted for at least 10 consecutive business days and those 10 consecutive business days all fell within 30 to 180 days prior to filing the application. In addition, the Notice of Filing must contain the correct prevailing wage information, the correct job description and must comply with all other Department of Labor regulatory requirements.

POSTING QUANTITY

I have multiple positions available for the same occupation and job classifications and at the same rate of pay. May I post a Notice of Filing for the same occupation and job classifications with a single posting?

Yes, an employer can satisfy Notice of Filing requirements with respect to several positions in each of these job classifications with a single Notice of Filing posting, as long as the single posting complies with the Department of Labor’s regulation for each application (e.g. contains the appropriate prevailing wage information and the Notice of Filing must be posted for 10 consecutive business days during the 30 to 180 day time window prior to filing the application). For instance, separate notices would have to be posted for an attending nurse and a supervisory nurse (e.g. nurses containing different job duties).

NOTE: At the time of filing the labor certification, the prevailing wage information must not have changed, the job opportunity must remain the same and all other Department of Labor regulatory requirements must be followed.

POSTING LOCATION

Where must I post a Notice of Filing for a permanent labor certification for roving employees?

If the employer knows where the Schedule A employee will be placed, the employer must post the notice at that work-site(s) where the employee will perform the work and publish the notice internally using in-house media–whether electronic or print–in accordance with the normal internal procedures used by the employer to notify its employees of employment opportunities in the occupation in question. The prevailing wage indicated in the notice will be the wage applicable to the area of intended employment where the worksite is located.

If the employer does not know where the Schedule A employee will be placed, the employer must post the notice at that work-site(s) of all of its current clients, and publish the notice of filing internally using electronic and print media according to the normal internal procedures used by the employer to notify its employees of employment opportunities in the occupation in question. The prevailing wage will be derived from the area of the staffing agencies’ headquarters.

If the work-site(s) is unknown and the staffing agency has no clients, the application would be denied based on the fact that this circumstance indicates no bona-fide job opportunity exists. The employer cannot establish an actual job opportunity under this circumstance. A denial is consistent with established policy in other foreign labor certification programs where certification is not granted for jobs that do not exist at the time of application.


Permanent Labor Certification Program – Final Regulation – Frequently Asked Questions – February 14, 2006

If my application for certification is denied, how long do I have to wait before I can re-apply?

Upon receipt of the denial notification via U.S. mail, a new application may be filed at any time unless a request for review by the Board of Alien Labor Certification Appeals (BALCA) has been submitted. While a request for BALCA review is pending, a new application for the same occupation and the same alien cannot be filed. See 20 CFR 656.24(e)(6). (For more information, please see the FAQ “When does the Department of Labor consider a request for review to be pending with the Board of Labor Certification Appeals (BALCA) and how will the Department process such appeals?”)

When does the Department of Labor consider a request for review to be pending with the Board of Labor Certification Appeals (BALCA) and how will the Department process such appeals?

The Department of Labor considers a request for review to be pending with BALCA under 20 CFR 656.24(e)(6) at the time either a request for BALCA review or a request for reconsideration is submitted to the Certifying Officer.

The Prevailing Wage Determination provided by the State Workforce Agency (SWA) was incorrect or incomplete. What do I do?

In submitting a PERM application, the employer declares that it has read and reviewed the application and that the information contained in the application is true and accurate. The employer is responsible for ensuring the PWD information provided by the SWA and entered on ETA Form 9089 is correct and for taking steps to obtain corrected PWDs from the SWA as needed.

We are aware there have been some issues with Prevailing Wage Determinations (PWD) provided by some SWAs, such as incorrect SOC codes or validity periods. Currently, we are working with all SWAs to ensure the new regulation and state requirements are clearly understood and implemented.

To address denials based on SWA errors during the first months of implementation of the PERM regulation, the Department has developed the following option for employers. If you have an application that was denied due to an error associated with an incorrect or incomplete PWD, and the application was submitted before March 25, 2006, you may submit a request for review to the appropriate Certifying Officer. The request for review must include a copy of the corrected PWD provided by the SWA or a copy of the initial PWD obtained from the SWA together with an explanation of how it should be corrected.

After March 25, 2006, the Department of Labor will hold the employer responsible for ensuring Prevailing Wage Determinations obtained from a SWA are complete and in compliance with the PERM regulation. DOL will deny requests for review that seek to correct or complete PWD information.

Therefore, prior to filing a permanent labor certification application, the employer should review PWDs for completeness and compliance with the PERM regulation. If necessary, the employer should request that the SWA fix any identified problems.

I need to enter the years of experience, education, or training on my ETA Form 9089. How do I do this? What if it’s a range?

When entering the years of experience, education, or training on ETA Form 9089, the questions asking for this type of information specify the answer be provided in the number of months necessary. Therefore, if the employer requires 1 year experience in the job offered in ETA Form 9089, the number 12 (for 12 months) would be entered for the answer to Question H-6A.

However, if the employer would accept a range of experience in the job offered (such as 1 to 3 years), the employer must identify the actual minimum years/months of experience required to perform the job (please see 656.17(i) for additional information on Actual Minimum Requirements). The number that represents the Actual Minimum Requirement for the number of years/months experience would be the number entered in Question H-6A. If a range is indeed the Actual Minimum Requirement, the employer should use the low end of the range as the answer, since that represents the minimum level of requirement.


Round 5 – Permanent Labor Certification Program Final Regulation – Frequently Asked Questions August 8, 2005 – FILING

Question: Where can I email my questions?

There are three locations where you may send your questions, depending upon the type of question

If you have a technical question (for example, if you forgot your password), then please email those questions to plc.help@dol.gov.

If you have a program specific question (for example, if you have a question concerning the content of an advertisement) or a policy question, then please email your questions to one of the appropriate National Processing Centers at PLC.Chicago@dol.gov (for the Chicago National Processing Center) or PLC.Atlanta@dol.gov (for the Atlanta National Processing Center). The appropriate National Processing Center depends upon the state in which you are located.

Please note: Questions should no longer be e-mailed to perm.dflc@dol.gov.

Question: Under PERM, is it permissible for an employer to have more than one labor certification application actively in process for the same alien at any given time? What should an employer do if it has already filed multiple applications for the same alien? 

  • We have removed the response to this question posted on August 8, 2005. The Department is considering questions and information stakeholders have submitted in response to this FAQ posting, and will be developing and posting a clarified response in the near

Question: In view of the past practice of allowing the filing of multiple applications by the same employer for the same alien if the job opening was different, why, under PERM, is the employer precluded from having more than one application for the same alien actively in process at any given time?

  • We have removed the response to this question posted on August 8, 2005. The Department is considering questions and information stakeholders have submitted in response to this FAQ posting, and will be developing and posting a clarified response in the near

Question: How can an employer withdraw a PERM application if the employer has difficulty withdrawing electronically?

 As explained in an earlier FAQ on this subject, if the application was filed on• line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box. If the application was filed by mail, a withdrawal request, in writing following the procedure below, must be sent to the National Processing Center to which the application was originally

In the event employers are unable to withdraw electronically as stated above, employers should send a withdrawal request by e-mail to the appropriate National Processing Center at: PLC.Chicago@dol.gov (for Chicago) or PLC.Atlanta@dol.gov (for Atlanta). To ensure your request is processed expeditiously, please include the following information in the e- mail request:

  • Show the words “Withdrawal Request” and the employer’s name in the subject line of the e-mail
  • In the body of the e-mail, include the following information:
    • Case Number
    • Employer’s Name
    • Employer’s EIN
    • The reason for withdrawal
    • Name and title of individual requesting withdrawal

NOTE: In most circumstances, an application cannot be withdrawn while it is being audited.

Question: How can corrections be made to a filed application?

Corrections can not be made to an application after the application is submitted under PERM. Once an application has been electronically submitted or mailed, it is considered final and no changes to the application will be permitted. This applies to typographical errors, as well. If the employer believes changes and/or corrections are necessary to the admissibility and/or appropriateness of the application, the employer should withdraw the application and file a new application with the changes and/or corrections. (For withdrawal information, see the separate FAQ on procedures for withdrawing an )

NOTE: All accurate recruitment information from the prior application, if still applicable and current, can be used in support of the new application.

Question: For electronically filed applications, please provide a listing, and explanation, of the status indicators that appear on the website.

  • The status indicators for an application filed on-line are as follows:

Incomplete: A case number preceded by a “T” indicates that the application has not been formally “filed” by the employer or its agent, i.e., electronically submitted, and is still a temporary draft. When an application is electronically submitted to a National Processing Center, the “T” changes to either a “C” or “A” depending on whether the application is submitted to the Chicago or Atlanta National Processing Center, respectively.

In process: An “in process” status indicates the application is in the process of moving through the DOL’s certification process. If the application is in a stage of review requiring further information/documentation from the employer, the employer will be notified.

Withdrawn: A “withdrawn” status indicates the employer has withdrawn the application.

Denied: A “denied” status indicates the application is denied. A Final Determination form, stating the reasons for the determination and advising the employer of how to request review, should the employer choose to do so, will be sent to the employer. The Final Determination must be included in any request for review, therefore, the employer must wait to receive the form before making such a request. The employer is also advised to wait for the Final Determination before filing a new application for the same alien to avoid repeating errors made in the original application.

Appeal: An “appeal” status indicates the application is under reconsideration and/or review and is considered “in process.” No new application for the same alien can be filed while an application is in a reconsideration and/or review queue.

Certified: A “certified” status indicates the labor certification is granted. The certified application and a complete Final Determination form will be sent to the employer, or, if appropriate, to the employer’s agent or attorney, indicating the employer may file all the documents with the appropriate office in the Department of Homeland Security (DHS).


 

Client Reviews

I've had the pleasure of conducting business with this law firm for the last 10 years. They have been nothing but the best for every aspect of immigration need I had. From F1 all the way to citizenship. They're probably the most affordable, knowledgeable, and most efficient immigration law firm out there. Plus, they always provide responses to questions in a very timely manner. Trust me, other immigration law firms will cost you an arm and a leg for the same or less of a service compared to this law firm. Give them a call, check out their website. You will not regret it.
Andy Glasgow
Andy Glasgow
17:26 27 Mar 17
Because of John and his team my wife and I were able to travel back to the states, get married and have a Green Card without any headaches. John’s efforts were amazing and it shows because my wife and I didn’t have to go to the Green card interview. We had a strong enough case to receive the Green card in the mail. If you’re seeking a Lawyer that will be impartial, he’s your guy.
T M
T M
19:18 23 Feb 17
Me & husband went through immigration process which thankfully was made easy with the help and services of Marc Tyler Inc. Our direct contact was John which i want to personally say Thank You ! The service provided was efficient, fast, affordable prompt answers in a timely fashion. I would recommend Marc Tyler Inc to anyone who need immigration done fast, easy, friendly & with no hidden charges.
Aleksandra Stoycheva
Aleksandra Stoycheva
15:27 26 Jan 17
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bryan mowrey
bryan mowrey
06:41 25 Nov 16
Marc and John Dorer worked on our case to file for AOS after our L1A was approved.Marc and John are professionals and extremely reasonable-priced. The reason they are able to cut the price is because they don't spend time consulting you or guiding you and will never get on call.All communications are email only, so if you know precisely what you want they will do all the paper-work, follow the trail and get the job done. If you are confused and need advice and consulting, they may not be the right lawyers.But since we were doing our AOS, it worked out perfectly well and they did their job extremely professionally.Would recommend them every time to get the work done.
hardik parikh
hardik parikh
01:58 08 Feb 17
At first I thought I could have very well gone through the green card application process on my own and saved all lawyer fees. Its funny how some lawyers can charge in excess of 2K for this. However at Taylor and Associates the price seemed more reasonable and felt it made sense to go with one at that price. There were some doubts that arose in our mind which they cleared in a timely manner and seemed very knowledgeable in this area. Its for moments like these when having a professional around helps. While we can get busy with our lives and with laws constantly changing, I would definitely recommend them - a small price to pay for peace of mind.
Callistus Pereira
Callistus Pereira
17:51 06 Jun 17
I am US citizen. We hired Marc's firm for my wife's Green Card process, We are extremely happy with their services.They are one of the best service providers in the country. Price is very affordable. John is awesome. He responded to our queries on time with very useful information. We highly recommend this firm to anybody looking for affordable and the best immigration services. it was an awesome experience working with this team.
Narsimha M
Narsimha M
13:57 04 Aug 17

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