"PERM Pointers, Pitfalls And Puzzles"
Session 3 held on November 2, 2006
From Edward Litwin
656.10(f)-The requirements that all supporting documentation must be retained for 5 years.
AILA/DOL Liaison Report, March 23, 2006 - Statement that "magic language" should be placed in H.14.
Matter of Arco Oil & Gas Company - 89-INA-295(May 22, 1991) - This takes hold that a statement by an employer may be sufficient documentation for proving business necessity as long as it is 1.) Written under oath, 2.) Reasonable and specific, and 3.) Indicates its sources and basis.
656.20(b)(i)-Provides that the Certifying Officer may request supplemental information or documentation. (There is apparently no need for this to be done through an audit).
656.20(d)(2)-Provide that the Certifying Officer may request employer to conduct supervised recruitment. (This appears to be allowed even without an audit).
Minutes of Stakeholders Teleconference - 5-15-06 - Provides that contact can be made with the Department of Labor if more than 90 days since filing has passed and there is no response from the Department of Labor. In addition, if 120 days has passed since the response to an audit, the Department of Labor can be contacted. Members of AILA may also contact AILA for assistance in these matters by emailing Permmail@aila.org.
Matter of Health America - 2006-PER-1 (July 18, 2006) - (This case holds that "documentation submitted" in support of a labor certification application constructively includes the materials held by an employer under the record keeping provisions of PERM.")