9089 denied

maygennadiy

New Member
I filed the 9089 form, showing that the ad ran for two consecutives Sundays in the local newspaper- c. #10(10/01/2006) and 12(10/08/2006).
Anyway I was advised that my application was denied, based on 20 CFR 656.17(e).
Can anybody, somebody advise me what did I do wrong?
What can I do now?
Thank you
 
Any other recruitment efforts?

I did not read the text in 20 CFR 656.17(e), but according to my lawyer you should have presented evidence what shows at least 6 out of 10 recruitment methods have been used, which included two sunday regional (instead of local) newpaper ads. That is, the two sunday newpaper ads only counted one (1) recruitment method. The following text is from a research paper:

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Before filing, the employer must obtain a prevailing wage from the State
Workforce Agency (SWA); place a 30-day job order with the SWA and file no less than 30 days after the end of the job order; post an internal notice within the employer’s premises for 10 business days and file no less than 30 days after the end of the posting period; and engage in substantial recruitment, most or all of which must have occurred more than 30 days before filing.
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More info at:
http://www.fragomen.com/resources/perm.shtml#5_6

maygennadiy said:
I filed the 9089 form, showing that the ad ran for two consecutives Sundays in the local newspaper- c. #10(10/01/2006) and 12(10/08/2006).
Anyway I was advised that my application was denied, based on 20 CFR 656.17(e).
Can anybody, somebody advise me what did I do wrong?
What can I do now?
Thank you
 
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