Question: I have several issues and questions regarding the PERM. I am particularly seeking information about the immigration perm process.
Answer: In the event an employer is unable to withdraw electronically, the employer should send a withdrawal request by e-mail to the appropriate National Processing Center at: PLC.Chicago@dol.gov (for Chicago) or PLC.Atlanta@dol.gov (for Atlanta). In that case, the employer must use the format as outlined above.
Question: How can an employer withdraw a PERM application if it has already been certified?
Answer: An employer may withdraw a certified PERM application at any time.
Question: Once an employer requests its application be withdrawn, how soon can the employer file a new application for the same alien beneficiary?
Answer: After requesting a withdrawal, an employer may not file a new ETA Form 9089 for the same alien beneficiary until one of the following occurs: (A) Employer sees, using the online PERM system, that the status of the original case changes from “In Process” to “Withdrawn.” Or (B) Employer receives confirmation (via standard U.S. Mail or e-mail) from the NPC that the ETA Form 9089 currently in process has been withdrawn.
Instead, the employer must wait until it receives the Final Determination Form from the National Processing Center stating the reasons for the denial.
Question: If the employer’s minimum requirements include some period of training, must the alien beneficiary’s training be listed on the Application for Permanent Employment Certification, ETA Form 9089, Section K, as well as attested to in Section J?
Answer: Moreover, the employer must note the number of months of training required in H.5.A. In addition, the employer should list the field of training in H.5.B.
The employer and alien beneficiary must also attest that the alien beneficiary meets the training requirement in section J.17.
Accordingly, an employer seeking certification should list in Section K any training experience possessed by the alien. This training must qualify the alien for the job opportunity.
For example, an application for the job opportunity of physician filed on behalf of an alien that requires 36 months of medical residency training in H.5 should not only mark section J.17 as “yes” but also list in Section K all training experience by which the alien meets that training requirement. Additionally, the employer must also list any other experience requirement.
An employer filing an application for a job opportunity that requires 12 months of training in section H.5 should also list the training received by the alien in section K, regardless of whether it was a paid training opportunity. Furthermore, the employer must also list the source of the training.
When completing section K, enter the training provider in the employer information section, to include the address. For the type of business, enter ‘training provider’ unless the training is of a work study type such as an apprenticeship or medical residency.
The job title should be ‘Training’ unless there is an actual job title, in which case it should begin with ‘Training –‘ followed by the title, such as ‘Training – Apprentice Carpenter’. Moreover, the employer should enter the beginning and end dates of the training.
When there is an actual number of hours of training, the employer should enter those actual hours. Otherwise, the employer should enter the average number of hours per week spent in training. In the “Job Details” the employer should list the topics covered by the training. Also, the employer should list any certification of completion issued and, when applicable, the organization issuing the certificate, if different from the training provider. When relevant, the employer must include the final test completion or certification date.
Question: How do I count days to establish recruitment timelines and time periods as outlined by the regulation?
Answer: Timelines are the number of days prior to or after a required event.
