|It Is Very Importance to Double Check All Information on the ETA Form 9089|
My employer made mistake on the ETA Form 9089, therefore the PERM Labor Certification was denied for a small error. What could we do thereafter?
When alien workers apply for a U.S. Green Card through the employment in the United States, in most cases, they rely on the U.S. employer's job offer to successfully complete the PERM Labor Certification. The PERM Labor Certification process requires the U.S. employer to conduct recruitment, place advertisements for the alien worker’s job position, and submit the ETA Form 9089 to the U.S. Department of Labor (DOL) and attest that no qualified, willing U.S. workers are available for the offered position.
After receiving the U.S. employer's submitted ETA Form 9089, the U.S. Department of Labor will either approve the Labor Certification application, or simply deny the Labor Certification application. After the DOL approves the application, the U.S. employer can complete the second step in the Green Card application process, which is to fill an immigration visa petition on Form I-140 with U.S. Citizenship and Immigration Services (USCIS).
The ETA Form 9089 is submitted online by U.S. employer on the U.S. Department of Labor's website. The most common mistake that U.S. employers make when completing the ETA Form 9089 is not double checking that every information they have supplied in the form is correct. After the form submission online, to correct any errors on the form, the only solution is to withdraw the application and refile it.
The employers are allowed to send corrected ETA Form 9089s to the DOL by mail. Also, sometimes, the solution of withdrawing and refiling is not possible online, because allowed advertisements time period have expired by the time the U.S. employer notices the mistake.
The U.S. Department of Labor may deny an ETA Form 9089 for trivial errors, such as spelling mistakes in the employer’s name or the alien worker’s home address. In this situation, the employer needs to restart the process again which may take long time. Therefore it is very importance that U.S. employers double check all information on the ETA Form 9089.
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