Hi,
My perm was also filed in Oct' 2007 , got audited in Dec'07 and finally got denied in end of Sept'09. I had the following 3 reasons for denial:
a. The notice of filing submitted by the employer in response to the Audit Notification letter did not disclose the posting dates.Specially, the Notice of Filing does not list posting dates and failed to conform that the Notice was posted for 10 consective dats between 30 and 180 days before filing the ETA form 9089.
b. The notice of filing submitted by the employer in response to the Audit Notification letter does not list the wage offered. Specially, the rate of pay must be listed on the the notice of filing as required by the regulation.
c. The employer failed to provide adequate documentation of the additional recruitment steps for professional occupations as required in the Audit Notification letter. The employer indicated in Item 1.d 15 of ETA form 9089 that it used its web site to advertise the job opportunity described in Section H. However, the employer failed to provide dated copies of the pages from the site that advertised the job opportunity.
Lawyer has filed for an appeal on Oct'17, 2009. Here are responses ,they have sent against each denial reason
1. Submitted an affidavit from Employer regardng the posting dates
2. The reason for not posting the prevailing wage was that at the time of filing notice of filling, we were not able to get the prevailling wage determination from dept of labor.
3. Attached the copy of the website.
Now, what do you think guys, will this work? My employer is trying to reach out to many lawyers to check if another perm can be filed for diff job title. He has got mixed responses Yes and Nos. What is your say on this?
Also, how much time it takes for DOL to update the case after sending the appeal. Mine is still denied.
thanks for reading this long post and will appreciate quick responses.
My perm was also filed in Oct' 2007 , got audited in Dec'07 and finally got denied in end of Sept'09. I had the following 3 reasons for denial:
a. The notice of filing submitted by the employer in response to the Audit Notification letter did not disclose the posting dates.Specially, the Notice of Filing does not list posting dates and failed to conform that the Notice was posted for 10 consective dats between 30 and 180 days before filing the ETA form 9089.
b. The notice of filing submitted by the employer in response to the Audit Notification letter does not list the wage offered. Specially, the rate of pay must be listed on the the notice of filing as required by the regulation.
c. The employer failed to provide adequate documentation of the additional recruitment steps for professional occupations as required in the Audit Notification letter. The employer indicated in Item 1.d 15 of ETA form 9089 that it used its web site to advertise the job opportunity described in Section H. However, the employer failed to provide dated copies of the pages from the site that advertised the job opportunity.
Lawyer has filed for an appeal on Oct'17, 2009. Here are responses ,they have sent against each denial reason
1. Submitted an affidavit from Employer regardng the posting dates
2. The reason for not posting the prevailing wage was that at the time of filing notice of filling, we were not able to get the prevailling wage determination from dept of labor.
3. Attached the copy of the website.
Now, what do you think guys, will this work? My employer is trying to reach out to many lawyers to check if another perm can be filed for diff job title. He has got mixed responses Yes and Nos. What is your say on this?
Also, how much time it takes for DOL to update the case after sending the appeal. Mine is still denied.
thanks for reading this long post and will appreciate quick responses.