Department of Labor Releases PERM Labor Certification FAQ Addendum

In regards to the new online system for completing Labor Certification, the Department of Labor officially released another addition to the Frequently Asked Questions manual.

Q: How does an employer go about registering and filing an application online?

A: The first prerequisite for filing applications online is the creation of a Permanent Online System account. Accounts may be created by submitting requested information on-line at . Upon confirmation of information submitted online, the Department of Labor will email the employer a password, name confirmation, and a personal identification number. This Department of Labor password is required for initial account access; after the primary log in employers are free to change their password.

The creation of an account allows employers to create sub-accounts, each of which has a unique username and password. These sub-accounts are designed to allow authorized access for attorneys and agents assisting labor certification cases. Employers are sovereign over sub-accounts-they control who may access them, and designate the level of security access available.

It is important to note, however, that despite the creation of sub-accounts, the burden for accuracy within the PERM process always lies with the employer. Thus, the D.O.L. gives ultimate power to employers in governing who may access sub-accounts.

Q: Upon creating an employer account and subsequent sub-accounts, may attorneys or agents submit applications online?

A: Yes, only after the employer has taken all due steps in account creation. Once an employer account and sub-accounts are properly established, attorneys and agents may submit applications online.

Q: What can employers do to protect themselves from unauthorized use of PIN's, usernames, and passwords?

A: Employers are able to view all applications filed under the employer's account as well as under any sub-accounts. The Department of Labor recommends monitoring account activity very closely, and advising any sub-account holders to do the same. If any unauthorized use is discovered, the employer must contact the Department of Labor immediately at .

Q: If a parent entity wants to centralize PERM filings of all its subsidiaries, having different FEIN's, may the parent company establish an employer account and establish sub-accounts for subsidiaries?

A: No, if the Federal Employer Identification Number is different from that of a parent company, a sub-account may not be created for the subsidiaries use. As applications from sub-accounts are submitted, the FEIN from the employer account is automatically integrated into the application, and may not by changed or altered in any way.

Q: Will the National Processing Centers issue confirmations of receipt for mail-in applications?

A: No, the Department of Labor advises you request this receipt from your courier service.

Q: How are pending applications withdrawn?

A: If the application was filed online, access the account from which the application was filed and select the appropriate box. For mail applications, a written request must be sent to the same National Service center to which the original application was submitted.

Q: Are employers required to receive confirmation of withdrawal from a Backlog Elimination Center former to refiling an application?

A: No, it is not necessary to wait before refiling.

Q: In regard to PERM required advertisements, which of the following would be an acceptable advertisement: 5 attorneys, Attorneys, or Attorneys, multiple openings?

A: The advertisement must give a description of the opening with enough specificity to apprise U.S. workers of the open position. The largest question considered by the D.O.L. in cases such as this is whether the advertisement aims to attract the greatest number of qualified U.S. workers and encourage them to apply. There is no specific language required in achieving this goal. All three options are viable, assuming the advertisement also includes an accurate and precise description of the position.

Q: Are employers required to contact all who state computerized employment systems deem a "match?" Or, is the employer required only to contact applicants who have submitted resumes in response to job orders?

A: The employer is required only to consider and contact those who respond as requested within the job order.

Q: Are advertisements within non-periodical forms of media, i.e., movie theaters, airport screens, billboards, etc., considered applicable alternative steps in the professional occupations recruitment provision?

A: No. While employers are encouraged to pursue such means of recruitment beyond the duty required by law, only steps listed in the professional occupations provision are applicable alternative steps.

Q: May an application be withdrawn in the event of an audit?

A: No, selected applications for auditing may not be withdrawn. Should circumstances arise that invalidates an application, it must be withdrawn; however, an employer may not avoid an audit by claiming the application has recently become invalid. Employers will be held to audit provision standards, and face due consequences of violation of these standards.


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