Our attorneys can represent you in U.S. immigration matters regardless of where you are located because U.S. immigration law is federal: you can be in any state, or in any country in the world.

Contact Us | About Us

521 Fifth Avenue, Suite 1700, New York, NY 10175, U.S.A., Telephone: (212) 488-6899

GreenCard

May I post a Notice of Filing for multiple positions of the same occupation and job classifications with a single posting?

I have multiple positions available for the same occupation and job classifications and at the same rate of pay. May I post a Notice of Filing for the same occupation and job classifications with a single posting?

According to the Labor Department:

Yes, an employer can satisfy Notice of Filing requirements with respect to several positions in each of these job classifications with a single Notice of Filing posting, as long as the single posting complies with the Department of Labor's regulation for each application (e.g. contains the appropriate prevailing wage information and the Notice of Filing must be posted for 10 consecutive business days during the 30 to 180 day time window prior to filing the application). For instance, separate notices would have to be posted for an attending nurse and a supervisory nurse (e.g. nurses containing different job duties).

NOTE: At the time of filing the labor certification, the prevailing wage information must not have changed, the job opportunity must remain the same and all other Department of Labor regulatory requirements must be followed.

Is it permissible to use the same prevailing wage determination for more than one application?

According to the Labor Department:

Yes, as long as provisions regarding the validity period are followed, the employer is permitted to use the same prevailing wage determination if the prevailing wage is for the same occupation and skill level; the same wage source is applicable; and the same area of intended employment is involved.

Does the BPC case continuance letter need to be signed only by the employer or can the attorney of record sign?

According to the Labor Department:

The Selection of Continuation Option Letter may be signed and submitted by either the employer or the employer's attorney/agent of record. We request, however, that employers and attorneys coordinate to determine who will submit the Selection of Continuation Option Letter to ensure that the appropriate Backlog Processing Center does not receive conflicting or duplicate responses. In the instance of conflicting responses, we will default to the employer's response.

How can an employer withdraw a PERM application if the employer has difficulty withdrawing electronically?

According to the Labor Department:

As explained in an earlier FAQ on this subject, if the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box. If the application was filed by mail, a withdrawal request, in writing following the procedure below, must be sent to the National Processing Center to which the application was originally submitted.

In the event employers are unable to withdraw electronically as stated above, employers 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). To ensure your request is processed expeditiously, please include the following information in the e-mail request:

  • Show the words "Withdrawal Request" and the employer’s name in the subject line of the e-mail
  • In the body of the e-mail, include the following information:
    • Case Number
    • Employer's Name
    • Employer's EIN
    • The reason for withdrawal
    • Name and title of individual requesting withdrawal

Posting notices of filing for college and university teachers after the selection process has been completed

Can notices of filing for college and university teachers recruited under the competitive recruitment and selection process be posted after the selection process has been completed?

According to the Labor Department:

Yes, for college and university teachers, notices of filing may be posted after the selection process has been completed. An application for a college or university teacher may be filed up to 18 months after the selection is made and a notice of filing must be provided between 30 and 180 days prior to filing the application either by providing notice to the bargaining representative, if one exists, or by posting notice at the facility or location of employment.

Are the recruitment provisions different for college and university teachers?

According to the Labor Department:

Yes, while the employer may choose to recruit for college and university teachers under the basic process, the employer may choose to recruit under § 656.18, optional special recruitment and documentation procedures for college and university teachers.

NOTE: The employer must support hiring of the alien by documenting that the alien was found to be more qualified than each U.S. worker who applied for the job opportunity.

Must the employer request a prevailing wage determination from the State Workforce Agency (SWA) if filing under Schedule A?

According to the Labor Department:

Yes, a prevailing wage determination must be requested from the SWA having jurisdiction over the proposed area of intended employment.

Why have I not been contacted by the BEC or received any information about my case?

According to the Labor Department:

There are several possible reasons an employer or their attorney might not have heard anything from the BEC about the case. Some examples include, but are not limited to: 1) the State or Regional office may have disposed of the case prior to shipping and the applicant did not receive notification; 2) The State or Regional office may have inadvertently not shipped the case to the BEC; 3) the BEC may have attempted to contact the applicant but the contact information was incorrect; or 4) the BEC inadvertently omitted the case during data entry.

Using the posting sample of a Notice of Filing issued by the USCIS

The United States Citizenship and Immigration Services (USCIS) has posted, or will soon post, a sample of a Notice of Filing for a Schedule A permanent labor certification on their website. Will the Department of Labor accept/honor such a posting as sufficient proof of the Notice of Filing for a non-Schedule A permanent labor certification?

According to the Labor Department:

Yes, an employer may use the posting sample of a Notice of Filing issued by the USCIS and such a posting will be honored by the Department of Labor (DOL) provided that the Notice of Filing complies with all Department of Labor regulatory requirements. DOL worked with USCIS to develop the sample posting as a customer service convenience. DOL will honor the use of the sample, but is not requiring use of the sample. Employers may use other forms as long as they comply with the regulations.

Does the alien beneficiary need to have a bachelor's or higher degree to qualify for a professional occupation?

According to the Labor Department:

No, the alien does not need to have a bachelor's or higher degree to qualify. However, if the employer is willing to accept work experience in lieu of a baccalaureate degree, such work experience must be attainable in the U.S. labor market and the employer's willingness to accept work experience in lieu of a degree must apply equally to U.S. applicants and must be stated on the application form.

Why might an employer want to convert a TR application to RIR?

According to the Labor Department:

Because RIR applications do not undergo the same recruitment process, these applications generally reach final resolution (certification or denial) in significantly less time than TR applications. Therefore, it is often to the employer's advantage to convert applications from TR to RIR

If I send in the required information about my case, will I have to respond to a Center Receipt Notification Letter (CRNL) ...

If I send in the required information about my case, will I have to respond to a Center Receipt Notification Letter (CRNL) indicating that I want to continue?

According to the Labor Department:

If the information you provide is sufficient to reconstruct the case, you will not have to respond to a CRNL as the request about the case will be taken as proof of a desire to continue. However, if information is missing that is required to continue processing, you may receive a CRNL with a corrections list of information required to continue processing. You should respond to this letter within the 45-day timeframe.

If the employer's job opportunity is for an occupation which is subject to a wage determination...

If the employer's job opportunity is for an occupation which is subject to a wage determination under the Davis-Bacon Act (DBA) or the McNamara-O'Hara Service Contract Act (SCA), must the employer use the DBA or SCA?

According to the Labor Department:

No, the employer is not required to use a wage determination under the DBA or the SCA but may choose to do so.

The Prevailing Wage Determination provided by the State Workforce Agency (SWA) was incorrect or incomplete. What do I do?

According to the Labor Department:

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 be corrected.

Does the use of an electronic national professional journal satisfy the advertisement requirement under the college and...

Does the use of an electronic national professional journal satisfy the advertisement requirement under the college and university teachers' special recruitment and documentation provision?

According to the Labor Department:

No, use of an electronic national professional journal does not satisfy the optional special recruitment provision's advertising requirement. The employer must use a print publication.

Must the required 30 day job order timeframe end at least 30 days prior to filing?

According to the Labor Department:

Yes, the 30 day job order timeframe must end at least 30 days prior to filing. While the employer is not limited to the 30 day timeframe and may choose to post the job order for a longer period, 30 days of the posting must take place at least 30 days prior to filing.

Is the employer permitted to accept alternative job experience/qualifications?

According to the Labor Department:

Yes, an employer may specify alternative experience or qualification requirements, provided the alternative requirements and primary requirements are substantially equivalent to each other with respect to whether the applicant can perform the proposed job duties in a reasonable manner. As discussed in the preamble to the final regulation, this is the standard developed by the Board of Alien Labor Certification Appeals in Matter of Francis Kellogg.

NOTE: Even when the employer's alternative requirements are substantially equivalent, but the alien does not meet the primary job requirements and only potentially qualifies for the job by virtue of the employer's alternative requirements, the alternative requirements will be considered unlawfully tailored to the alien's qualifications unless the employer has indicated on the application that applicants with any suitable combination of education, training or experience are acceptable.

In the event of an audit, can an application be withdrawn?

According to the Labor Department:

An application can not be withdrawn once it has been selected for audit. If circumstances have changed such that the application is no longer valid or applicable, the application must be withdrawn. If an application is selected for audit, the employer can not forego the audit by claiming the application is no longer valid or applicable. The employer will be held to the audit provision standards and possible resulting consequences.

Who may request RIR conversion?

According to the Labor Department:

The employer, or its designated attorney or agent, may file the request for RIR conversion.

Aliens are not eligible to request conversion, and the Backlog Elimination Centers (BECs) will not respond to such requests.

When must applications be signed?

According to the Labor Department:

Applications submitted by mail must contain the original signature of the employer, alien, and preparer, if applicable, when they are received by the processing center. Applications filed electronically must, upon receipt of the labor certification, be signed immediately by the employer, alien, and preparer, if applicable, in order to be valid.

NOTE: Where the employer provides a copy of an application to a Certifying Officer pursuant to an audit or otherwise, the copy must be signed.

Contact Antao & Chuang

To contact Antao & Chuang, fill out the following form and press the Send button:

(U.S. state, or country if outside the U.S.)
CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
3 + 12 =
Solve this simple math problem and enter the result. E.g. for 1+3, enter 4.


Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

Recent comments

Antao & Chuang

AntaoandChuang.com

© 1996-2022 Antao & Chuang, Attorneys at Law

Important Notices/Disclaimers

This website located under the world wide web domain "AntaoAndChuang.com" ("website"), and any subdomains, are owned, and maintained by Antao & Chuang, Attorneys at Law, whose practice includes U.S. Immigration Law. Since U.S. Immigration Law is federal in nature, Antao & Chuang, Attorneys at Law, serves clients who are located throughout the U.S. and the world in U.S. immigration matters, from their offices located at 521 Fifth Avenue, Suite 1700, New York, N.Y. 10175. Antao & Chuang, Attorneys at Law’s attorneys are licensed attorneys in the states where they practice. However, since said states do not recognize any specialization in U.S. immigration law (attorneys in said states are simply licensed in said states to practice law in general), Antao & Chuang, Attorneys at Law does not claim any such specialization, and nothing on this site should be deemed to constitute any such claim. Antao & Chuang, Attorneys at Law does not claim expertise in the laws of states other than where our attorneys are licensed. This website is an advertisement. This website is provided as a public service and not intended to establish an attorney client relationship. Antao & Chuang, Attorneys at Law does not accept clients on the strength of advertising materials alone but only after following our own engagement procedures. Any reliance on information contained herein is taken at your own risk. The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems solely on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. See Terms of Use.