DOL Error Causes Missing PERM Approvals Posted Feb 10, 2006 ©MurthyDotCom Some attorneys have reported receiving PERM labor certification approval letters containing the cover sheet only and no actual ETA 9089 PERM labor certification approval. The U.S. Department of Labor (DOL) advised American Immigration Lawyers Association (AILA) on February 2, 2006 that this is a contractor error. The DOL believes that the original approvals are being sent to the employers directly, rather than to their attorneys. ©MurthyDotCom In situations where this mistake has occurred, it is best to check first with the employer. Employers who have filed PERM cases should carefully check their mail, safeguard any original Form 9089s received, and advise their attorneys if they receive any original documents from the DOL. They should not make the incorrect assumption that the attorney has received the original forms. If the document was not sent to either the attorney or the employer, the USCIS will accept the I-140 with the approval letter, and an explanation of the situation. The explanation needs to ask the USCIS to request a duplicate original directly from the DOL. More information about this is contained in DOL Acknowledges Problems with PERM and pre-PERM Cases, #3 in this week's MurthyBulletin. ©MurthyDotCom It is presumed that the DOL has taken steps to correct this error, although that was not stated. Copyright © 2006, MURTHY LAW FIRM. All Rights Reserved
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