PERM Advertisement

In a recent case, In the Matter of Oracle America, Inc. the Board of Alien Labor Certification (BALCA) held that if an advertisement says travel May be required, and the ETA 9089 does not say so, then the  PERM will be denied.  This is true even though there was one  advertisement for several positions, and the travel was required.

The PERM regulations hold that the advertisement cannot be more restrictive than the actual 9089 perm form. However the PERM form is unforgivable. No one sees the form but the Department of Labor. And if one forgets to cross the Ts and dot the Is, it results in a denial. There is no way to correct it, once the Holy highness of DOL lay their eyes on it.  If the Advertisements say XYZ, and you inadvertently leave out Z, and the DOL looks at the perm, you cannot withdraw anything. You have to defend your ground.  Because of course the almighty DOL never makes any mistake. I dont know of any court, any other agency that is so unforgiving as the DOL.

The court held that the job description for all the jobs were similar.  There is also a suggestion that too broad job description for different positions in one advertisement may not be feasible anymore. Although this is allowable under the PERM regulations, I think the DOL will soon clamp down on it, stating that the description has to be specific, or else the US Citizens wont know how to apply.

If there were USCs available to do the job, the Employer would not go through the whole hassle of advertising and paying a lawyer and going through the laborious Labor Certification process.  Thus is actual fact, the only person that the DOL looks out for are people who use the copy and paste function in their computer, thereby eliminating any risk of accidentally  leaving out any information in the form.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

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