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USCIS Announces It Will Accept Refiling of Rejected Forms I-140 with E-Certification or Electronically Reproduced Signatures

After rejecting some Forms I-140 that included e-certified ETA-9089s or blue ETA-9089s with electronically reproduced signatures, USCIS announced that it will ask petitioners to resubmit their Form I-140 with either wet signatures or scanned copies of signatures and a copy of the rejection notice.

Don’t make small mistakes on PERM

  1. BALCA affirmed the denial of certification where the employer incorrectly entered the prevailing wage validity period on the ETA Form 9089 as less than the minimum 90 days required by 20 CFR §656.40(c). BALCA rejected the employer’s argument of harmless error, even though the prevailing wage determination issued by the State Workforce Agency did not include specific validity dates, and only indicated a validity period of “90 days from the date of this determination.”

Problem with PERM electronic inputting system

DOL posted an alert stating that on September 1, 2015, an update to the PERM case management system caused an unexpected programming glitch to occur, as a result of which, certain information could not be entered on the form. Until the revisions become operational, if you cannot complete and file an ETA Form 9089 online, you should mail in the application to the Atlanta National Processing Center.

When doing the PERM be sure to put the correct wage

BALCA affirmed the Certifying Officer’s denial on the ground that the $16.00 per hour wage rate listed on the Notice of Filing (NOF) did not apprise applicants that they could earn up to $18.00 per hour, the highest end of the $15.58 to $18.00 per hour wage range that was attested to in the Form ETA 9089.

BALCA Reverses Denial, Finds Nexus between Ads and Position on ETA 9089

BALCA found that where the job title on the ETA 9089 (Business Dev. Specialist) was different from that listed in the ads (Business Dev. VP) there was still a sufficient nexus between the ads and the ETA 9089.

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