The OFLC delayed the use of the new ETA 9089 PERM form and the filing platform but has announced that it will go into effect as of June 1, 2023. We do not expect a further delay.
Ever curious about PERM data ? The DOL releases a performance report each quarter. For 1stQ FY2023, they released data that showed audits and denial rates of under 10%. The data also helps to explain why the process is continuing to slow because they received over 40,000 applications but, only processed approx. 25,000.
Improvements to PERM ?
The DOL recently announced a $7.2 million dollar investment to improve the PERM system. The improvements focus on the areas of cybersecurity and technology upgrades. Many of us would love to see some automation, particularly in the area of Prevailing Wage Determinations (PWDs) Why should it take 7 months to determine the correct occupation for… Continue reading Improvements to PERM ?
DOJ vs. Facebook
Recently, the DOJ has filed a lawsuit against Facebook over its PERM program. At its core, the complaint alleges that Facebook did not advertise as effectively or recruit as aggressively for its positions associated with PERM applications as it did for other openings. An excerpt from the press release is telling: “In its investigation, the… Continue reading DOJ vs. Facebook
New PERM Form
Last week the DOL published notice in the Federal Register of its intention to change the ETA 9089 form which is used for PERM filings. A copy of the form can be accessed here by going to its July 20th announcement and it has links included for the proposed form along with all attachments. There… Continue reading New PERM Form
DOL releases PERM data
The DOL recently released FY 2017 2nd Q PERM data. Note that the denial rate has increased slightly and over 25% of cases are either under audit or appeal.
PERM Modernization Rule Discarded
On December 19th, the Office of Foreign Labor Certification (“OFLC”) posted a FAQ that stated that it has withdrawn the PERM modernization rule that had been submitted to the Office of Management and Budget. No details were provided about why this rule was withdrawn. However, OFLC has confirmed that it is dedicated to streamlining and… Continue reading PERM Modernization Rule Discarded
DOL Halts PERM Denials Based upon “Competitive Salary”
The American Immigration Lawyers Association (“AILA”) recently meet with the Department of Labor’s Office of Foreign Labor Certification (“OFLC”) for its quarterly stakeholder meeting. In this meeting, the OFLC informed AILA that it had suspended denying cases on the basis that the recruitment stated that a “competitive salary” was offered or that salary “depends on… Continue reading DOL Halts PERM Denials Based upon “Competitive Salary”
BALCA Reverses Denial based on “Competitive Salary”
Many employers have been frustrated by the DOL’s decision to deny labor certifications where an employer used the language of “competitive salary” or “depends on experience” in portions of their recruitment. The Board of Alien Labor Certification Appeals (“BALCA”) provided a decision in Matter of TEK Services LLC that may assist employers in fighting against… Continue reading BALCA Reverses Denial based on “Competitive Salary”
Don’t take a chance when filing a PERM case.
The Board of Alien Labor Certification Appeals (BALCA) recently ordered a PERM Labor Certification application to be certified following the Certifying Officer’s denial due to a salary range mismatch between the PERM application and the Notice of Filing. In re Institute for Environmental Health, Inc., 2013-PERM-01963 (BALCA 2016) involved the classic PERM situation where a… Continue reading Don’t take a chance when filing a PERM case.
DOL Issues Guidance on Recruitment Reports
The Department of Labor (“DOL”) recently released a FAQ on the information that should be included in recruitment reports. Recruitment reports are required to be prepared as part of the process of preparing a labor certification to be filed. The DOL specified that a recruitment report must include: (1) the total number of U.S. applicants… Continue reading DOL Issues Guidance on Recruitment Reports