Problems with DOL certication

L

larry1980

Registered Users (C)
I'm writing regarding my problems with DOL certification.

I applied first time in April, 2007 but my application has been chosen for an audit and finally denied in October 2007. The denial reason were very strange, actually were inexistent reasons.

I have decided instead to make an appeal to apply again. I have re-advertise, and apply again in January 2008. In March 2008 my application was denied because the first application ( the one they denied ) was in pending !!!!!!!!!!!!!!!!!!! (incredible).

We have appealed to the decision but since then we didn't get any answers. It is clear a DOL mistake. I understand that human can make mistake but there are kind of too many and consecutive.
Could somebody please advice me what I can do ? I would like at least to know when my case will be checked.

Thank you!
 
larry1980 said:
I'm writing regarding my problems with DOL certification.

I applied first time in April, 2007 but my application has been chosen for an audit and finally denied in October 2007. The denial reason were very strange, actually were inexistent reasons.

I have decided instead to make an appeal to apply again. I have re-advertise, and apply again in January 2008. In March 2008 my application was denied because the first application ( the one they denied ) was in pending !!!!!!!!!!!!!!!!!!! (incredible).

We have appealed to the decision but since then we didn't get any answers. It is clear a DOL mistake. I understand that human can make mistake but there are kind of too many and consecutive.
Could somebody please advice me what I can do ? I would like at least to know when my case will be checked.

Thank you!
Click to expand...

Let me understand... you appealed the first denial and applied again before the decision of previous appeal was adjudicated.

First, what was the reason for the denial?

If you were going to apply again, I would have withdrew the appeal.

Maybe you should withdraw the appeal and re-submit PERM again. you have 180 days after the recruiting to apply for PERM.

BTW, what did your lawyer say?

Good luck!
 
I haven't appealed to the first decision, my first application was denied after has been choosen for an audit.

For the first application the reasons of deniel were:
REASON FOR DENIAL: The notice of the filing of the ETA Fonn 9089 does not contain the
address of the appropriate Certifying Officer at the National Processing Center with jurisdiction
over the application. The appropriate address for the area of intended employment is "Atlanta
National Processing Center, Harris Tower, 233 Peachtree Street, Suite 410, Atlanta, Georgia
30303."
AUTHORITY FOR DENIAL: Per 20 CFR 656.1 O(d)(3)(iii), the notice must provide the address
of the appropriate Certifying Officer. Therefore, the application is denied.
REASON FOR DENIAL: The infonnation listed in Fonn ETA 9089 for Section F of the Fonn
does not match the infonnation contained on the Prevailing Wage Detennination (PWD)
submitted by the employer. Specifically, the expiration date on the PWD does not match the
Fonn ETA 9089.
AUTHORITY FOR DENIAL: Section 656.1 O(c)(1) requires the prevailing wage be detennined
pursuant to § 656.40, the PWD provision, which requires in part that the employer request a PWD
from the SWA and § 656.41, the PWD review provision, which requires, in part, that the
employer must seek review of a disputed PWD prior to using the PWD in an application.

I don't think I will apply the third times.

My lawyer said that definitely the DOL made an error and it is ridiculous to wait so much.
 
Recent changes in filing ETA 9089 requires to mention Atlanta NPC address in internal job postings with employer and online ETA 9089 is filed with Atlanta center, it also requires to get prevailing wages from respective state as first step towards labor certification
 
The denial is referring to the expiration date from PWD. There was not a expiration date on the PWD.
The address on my application for Atlanta Center was a different address.

Anyway, it is not so important is first denial is correct or not, I don't even care right now because I decide it to apply for the second time which I did. What do you think about the reason of denial for the second application?
 
When an application (ETA 9089) is denied and appeal filed, new ETA 9089 cannot be filed by same employer for same employee
 
whitemimauz3 said:
When an application (ETA 9089) is denied and appeal filed, new ETA 9089 cannot be filed by same employer for same employee
Click to expand...
I'm not sure if you understood exactly, my first application has been denied I did not appeal to the decision I have choosen to do a new application.
 
"I have decided instead to make an appeal to apply again". I read this otherwise, never mind, its better to redo everything from begining, make sure you do it right this time
 
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