The DOL has complex rationale, where the filing of a PERM form, 9089 becomes a mechanical process, whereby one should suspend their thought process. In a recent case, Prosoft Associates Inc, The employer put down “drug testing and background check in the job order for the State Workforce Agency, but forgot to add that to the 9089. The employer later sought to amend it, but the Board of Alien Labor certification (BALCA) cannot look at new evidence. Neither does the Certifying Officer give any leeway to an employer to change anything. BALCA held that the requirement of drug testing and background check, not otherwise mentioned in 9089, would “deter otherwise well qualified individuals from applying.” Everyone with common sense realizes that the employer simply forgot to add this requirement in the 9089, and that such requirements are routine part of most employers. But then, the Dept of Labor lacks that sense. And of course people with common sense don’t visit the DOL’s website to look for jobs either.
The simple thing to do is to craft a final job description, and then copy and paste it in the Prevailing Wage Request, every advertisement, and in the 9089. That way, employers wont make mistakes. Because whatever the employer does on the 9089 form is chiseled in stone like the ten commandments, never to be corrected.
Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information.