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The Certifying Officer can’t simply deny PERM without giving opportunity to explain

BALCA ordered that the denial of a labor certification be reversed and granted certification in a case where it was not clear on the ETA Form 9089 whether the beneficiary met the PERM job requirements, and stated that the certifying officer should have allowed the employer the opportunity to clarify the qualifications.

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.

Got a PERM and recruitment? See this case.

BALCA vacated the Certifying Officer’s denial and found that, although the ETA 9089 stated that the Employee Referral Program (ERP) commenced prior to the prevailing wage validity period, recruitment under the pre-existing ERP actually began within the prevailing wage validity period, when the employees became aware of the vacancy for purposes of making a referral.

DOL Final Rule Delaying the Effective Date of the Wage Methodology for the H-2B Program

DOL final rule announcing that ETA is postponing the effective date of the Wage Methodology for the H-2B Program for a period of 60-days, until 11/30/11, due to pending legal challenges.

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