Permanent Labor Certification Program
Frequently Asked Questions
If my application for certification is denied, how long do I have to wait
before I can re-apply?
Upon receipt of the denial notification via U.S. mail, a new application
may be filed at any time unless a request for review by the Board of Alien
Labor Certification Appeals (BALCA) has been submitted. While a request
for BALCA review is pending, a new application for the same occupation
and the same alien cannot be filed. See 20 CFR 656.24(e)(6). (For more
information, please see the FAQ “When does the Department of Labor
consider a request for review to be pending with the Board of Labor Certification
Appeals (BALCA) and how will the Department process such appeals?”)
When does the Department of Labor consider a request for review to be pending
with the Board of Labor Certification Appeals (BALCA) and how will the
Department process such appeals?
The Department of Labor considers a request for review to be pending with
BALCA under 20 CFR 656.24(e)(6) at the time either a request for BALCA
review or a request for reconsideration is submitted to the Certifying Officer.
The Prevailing Wage Determination provided by the State Workforce Agency
(SWA) was incorrect or incomplete. What do I do?
In submitting a PERM application, the employer declares that it has read
and reviewed the application and that the information contained in the
application is true and accurate. The employer is responsible for ensuring
the PWD information provided by the SWA and entered on ETA Form 9089 is
correct and for taking steps to obtain corrected PWDs from the SWA as needed.
We are aware there have been some issues with Prevailing Wage Determinations
(PWD) provided by some SWAs, such as incorrect SOC codes or validity periods.
Currently, we are working with all SWAs to ensure the new regulation and
state requirements are clearly understood and implemented.
To address denials based on SWA errors during the first months of implementation
of the PERM regulation, the Department has developed the following option
for employers. If you have an application that was denied due to an error
associated with an incorrect or incomplete PWD, and the application was
submitted before March 25, 2006, you may submit a request for review to
the appropriate Certifying Officer. The request for review must include
a copy of the corrected PWD provided by the SWA or a copy of the initial
PWD obtained from the SWA together with an explanation of how it should
After March 25, 2006, the Department of Labor will hold the employer responsible
for ensuring Prevailing Wage Determinations obtained from a SWA are complete
and in compliance with the PERM regulation. DOL will deny requests for
review that seek to correct or complete PWD information.
Therefore, prior to filing a permanent labor certification application,
the employer should review PWDs for completeness and compliance with the
PERM regulation. If necessary, the employer should request that the SWA
fix any identified problems.
I need to enter the years of experience, education, or training on my ETA
Form 9089. How do I do this? What if it’s a range?
When entering the years of experience, education, or training on ETA Form
9089, the questions asking for this type of information specify the answer
be provided in the number of months necessary. Therefore, if the employer
requires 1 year experience in the job offered in ETA Form 9089, the number
12 (for 12 months) would be entered for the answer to Question H-6A.
However, if the employer would accept a range of experience in the job
offered (such as 1 to 3 years), the employer must identify the actual
minimum years/months of experience required to perform the job (please
see 656.17(i) for additional information on Actual Minimum Requirements).
The number that represents the Actual Minimum Requirement for the number
of years/months experience would be the number entered in Question H-6A.
If a range is indeed the Actual Minimum Requirement, the employer should
use the low end of the range as the answer, since that represents the
minimum level of requirement.