We represented an IT consulting company and a Technical Project Lead employed by them. The PERM was selected for supervised recruitment. USDOL denied certification, alleging that the employer rejected a potentially qualified U.S.
| Processing Queue | Priority Dates | |
|---|---|---|
| Month | Year | |
According to DOL updates as of 03/04/2013, they are working on PERM application filed in the following months:
Analyst Reviews : November 14, 2012
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.
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.
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.
According to DOL updates as of 01/03/2013, they are working on PERM
I am currently in my 7th year of H-1B visa. I work as a software developer full-time with a reputed software and ATM (Automated Teller Machine) hardware company. My perm with DOL just got denied; the reason mentioned was the SWA (State Workforce Agency) Ohio job order does not mention minimum experience requirements. However, the ETA form mentions 60 months of experience, and this does not appraise US workers from applying. However, the lawyer argues that there was no room to mention experience requirements in the Ohio job order.
If indeed there is a defect in the form, USDOL should be able to approve the PERM within a few months upon an MTR. BALCA has put out a number of rulings in the last few months permitting such cases to be approved. In my opinion, it is highly unlikely that the form does not have experience drop down or similar fields. That is just too improbable. The problem may be more complicated than that.
Great help and follow through every queries from USCIS in detail. Mr. Khanna team is very helpfull. From the start of my H1 until my GC