PERM - Labor Certification

Labor Certified Based on Appeal Alleging Government Error

We filed a Form ETA 9089 Foreign Labor Certification (PERM) for a petitioner corporation and a beneficiary Software Architect. The Department of Labor sent us an Audit Notification, which functions as a Request for Evidence in these cases, requesting information on the necessity of the high level of education and experience the petitioner required for the position and details about the process the petitioner used to advertise for the position.

DOL Fact Sheet on New iCERT System Enhancement: Reuse ETA Form 9035E Function

The Office of Foreign Labor Certification will implement an enhancement to its Labor Condition Application (LCA) Electronic Filing Module within the iCERT System allowing employers or their authorized attorneys or agents to reuse previously filed LCAs under the H-1B, H-1B1, and E-3 visa programs. This new feature is expected to significantly reduce the administrative time and cost of preparing and submitting the ETA Form 9035E.

To learn more about the new reuse feature please read this factsheet.


Labor Certification Approved Following Two MTR/Appeals on Government Error

We filed an ETA 9089 Labor Certification and included a requirement of a Master’s degree. The job required no employment experience, but did require hands-on work in a university research laboratory with particular equipment. DOL denied the application, stating that training and experience requirements were in place that exceeded the employer’s true minimum requirements. We responded with an MTR/Appeal asserting that this was not an appropriate ground for denial and that no formal training was required or available in these technologies.

DOL Releases Report On Foreign Labor Certification for 2010-2011

The 2011 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification and Temporary Nonimmigrant Labor Certification for FY 2011. The report also contains State Employment-Based Labor Certification Profiles, information on STEM-related occupations in the labor certification programs, H-2A Agricultural Certification Statistics, and Country Employment-Based Immigration Profiles. Click the here to view the Annual Report.


PERM - Labor Certification, DOL, Government Error

We filed a PERM application under EB-2 for a Senior Programmer Analyst’s position early this year. Three months later, U.S. Department of Labor (DOL) issued an Audit Notification. Immediately following our response, DOL denied the application, citing that our audit response did not include a copy of the job order.


PERM Processing Times (as of 10/2/2012)

According to DOL updates as of 10/2/2012, they are working on PERM application filed in the following months: 


Analyst Reviews :    August 2 2012

Audits :  February 29 2012 

Reconsideration Requests to the CO :   December 1 ,  2011

Gov't Error Reconsiderations :   Current

Immigration Law : 

PERM Processing Times (as of 9/4/2012)

According to DOL updates as of 9/4/2012, they are working on PERM application filed in the following months: 


Analyst Reviews :    June 2012

Audits :  January 2012

Reconsideration Requests to the CO :   October 1 ,  2011

Gov't Error Reconsiderations :   Current

Immigration Law : 


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