caiban1234
Registered Users (C)
My employer is IT Consulting in New Jersey. They filed my PERM (under EB2) at Jun 2011. My case got audited in October 2011. And now, February my case get denied.
My question is:
Should I file new PERM or appeal this denied? If filing new Perm, should I file with the same employer and the same position (or I should change to new employer)?
The reason for denial is below:
1. The employer failed to provide documentation as requested in the audit letter. Specifically, the employer failed to provide the prevailing wage determination (PWD), which is a substantial failure to provide required documentation in violation of20 CFR § 656.20(b). The lack of the documentation is also an indication that the employer may have failed to request a PWD from the National Prevailing Wage Center (NPWC) or State Workforce Agency (SWA) having jurisdiction over the area of intended employment in violation of 20 CFR § 656.40, which is an additional reason for denial.
2. The employer failed in the recruitment report to provide the steps undertaken during recruitment process as required in 20 CFR § 656.17(g)(I).
3. The recruitment report submitted by the employer was not signed.
4. On the ETA Form 9089, the employer has indicated primary requirements and alternate requirements for the job opportunity. However, in its advertisement in the employee referral, the employer only listed the Master Degree and 12 months of experience and did not include the alternate requirement of a Bachelor's Degree and five (5) years experience. By not including the Bachelor's Degree and five (5) years experience, the employer has not provided potential applicants a sufficient understanding of the job opportunity to make an informed decision as to whether they would qualify for the position and/or apply.
5. On the ETA Fonn 9089" the elnployer has indicated primary requirements and alternate requirements for the job opportunity. However, in its advertisenlent in the Star-Ledger Nelvspaper, the employer only listed the Master Degree and 12 months of experience and did not include the alternate requirelnent of a Bachelor's Degree and five (5) years experience. By not including the Bachelor's Degree and five (5) years experience, the employer has not provided potential applicants a sufficient understanding of the job opportunity to nlake an informed decision as to whether they would qualify for the position and/or apply.
My question is:
Should I file new PERM or appeal this denied? If filing new Perm, should I file with the same employer and the same position (or I should change to new employer)?
The reason for denial is below:
1. The employer failed to provide documentation as requested in the audit letter. Specifically, the employer failed to provide the prevailing wage determination (PWD), which is a substantial failure to provide required documentation in violation of20 CFR § 656.20(b). The lack of the documentation is also an indication that the employer may have failed to request a PWD from the National Prevailing Wage Center (NPWC) or State Workforce Agency (SWA) having jurisdiction over the area of intended employment in violation of 20 CFR § 656.40, which is an additional reason for denial.
2. The employer failed in the recruitment report to provide the steps undertaken during recruitment process as required in 20 CFR § 656.17(g)(I).
3. The recruitment report submitted by the employer was not signed.
4. On the ETA Form 9089, the employer has indicated primary requirements and alternate requirements for the job opportunity. However, in its advertisement in the employee referral, the employer only listed the Master Degree and 12 months of experience and did not include the alternate requirement of a Bachelor's Degree and five (5) years experience. By not including the Bachelor's Degree and five (5) years experience, the employer has not provided potential applicants a sufficient understanding of the job opportunity to make an informed decision as to whether they would qualify for the position and/or apply.
5. On the ETA Fonn 9089" the elnployer has indicated primary requirements and alternate requirements for the job opportunity. However, in its advertisenlent in the Star-Ledger Nelvspaper, the employer only listed the Master Degree and 12 months of experience and did not include the alternate requirelnent of a Bachelor's Degree and five (5) years experience. By not including the Bachelor's Degree and five (5) years experience, the employer has not provided potential applicants a sufficient understanding of the job opportunity to nlake an informed decision as to whether they would qualify for the position and/or apply.
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