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Disclaimer This presentation is intended for training use only and does not carry the force of legal opinion. The Department of Labor is providing this information as a public service. This information and any related materials are presented to give the public access to information on the Department of Labor programs. You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages.

Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to keep this information current and to correct errors brought to our attention. For Government Training Use Only (May 10, 2017) 1 U.S. DEPARTMENT OF LABOR Employment & Training Administration PERM Labor Certification Program PERM Electronic Document Submission Process, Filing Tips, and Best Practices May 10, 2017 Office of Foreign Labor Certification Atlanta National Processing Center/ National Prevailing Wage Center Employment and Training Administration United States Department of Labor For Government Training Use Only (May 10, 2017) 2 Department of Labor: PERM Program Presenters Mr. Brandt Carter Center Director, Atlanta National Processing Center Office of Foreign Labor Certification Mr. Ray Griffin Administrative Services Supervisor, Atlanta National Processing Center Office of Foreign Labor Certification Mr. Paul Gotte Certifying Officer, National Prevailing Wage Center Office of Foreign Labor Certification Mr. Shaun Joykutty Sr. Immigration Program Analyst, National Prevailing Wage Center Office of Foreign Labor Certification For Government Training Use Only (May 10, 2017) 3 Department of Labor: PERM Program I. Atlanta National Processing Center (ANPC) Webinar Training II.

National Prevailing Wage Center (NPWC) III. PERM Upload Documents Process IV. PERM E-Issuance and E-Receipt Process V. Common Deficiencies when Registering and Preparing ETA Form 9089; Help Desk; and Helpful Tips VI. PERM Resources For Government Training Use Only (May 10, 2017) 4 Department of Labor: PERM Program Section I Permanent Labor Certification Program Webinar Training For Government Training Use Only (May 10, 2017) 5 Department of Labor: PERM Program  The ANPC’s and NPWC’s goal is to increase public engagement by educating stakeholders on recent program workload trends, common deficiencies, and best practices associated with the Office of Foreign Labor Certification (OFLC) Permanent Labor Certification Program.  The ANPC will host quarterly PERM webinars.

For Government Training Use Only (May 10, 2017) 6 Department of Labor: PERM Program Provide technical assistance to employers and authorized attorneys/agents to improve the quality of applications submitted to the ANPC by:  Reviewing the External Upload Documents Process;  Reviewing E-Issuance/E-Receipt Process;  Providing helpful practice filing tips for PERM applications;  Identifying how to avoid common deficiencies when preparing an ETA Form 9089 application;  Providing Help Desk tips; and  Identifying PERM Resources. For Government Training Use Only (May 10, 2017) 7 Department of Labor: PERM Program Section II National Prevailing Wage Center For Government Training Use Only (May 10, 2017) 8 Department of Labor: PERM Program National Prevailing Wage Center – Prevailing Wage Tips  Application for Prevailing Wage  Employer and Requestor Information  Wage Processing Information  Job Offer Information  Description  Requirements  Place of Employment  General  RFIs For Government Training Use Only (May 10, 2017) 9 Department of Labor: PERM Program National Prevailing Wage Center – Prevailing Wage Tips  Other Wage Sources  CBA  SCA/DBA  Surveys  Area  Position Descriptions For Government Training Use Only (May 10, 2017) 10 Department of Labor: PERM Program National Prevailing Wage Center – ETA Form 9141 ETA Form 9141 Filing Tips: E-mail address  Be sure to double check the e-mail address is entered properly. For Government Training Use Only (May 10, 2017) 11 Department of Labor: PERM Program National Prevailing Wage Center – ETA Form 9141 ETA Form 9141 Filing Tips: Federal EIN  Be sure to double check the FEIN. It cannot be changed after submitting the application.  Reminder – SSN is not appropriate. https://www.irs.gov/businesses/small-businesses-self-employed/employer-id-numbers-eins For Government Training Use Only (May 10, 2017) 12 Department of Labor: PERM Program National Prevailing Wage Center – Other Wage Sources  If there is a CBA, it must be used.

No other wage source can be requested.  Cannot ask for CBA, SCA, DBA, and Survey on same application.  There is no order of precedence between SCA, DBA, and Survey.  DBA is for construction trades only.  SCA and DBA are not available to ACWIA covered employers. For Government Training Use Only (May 10, 2017) 13 Department of Labor: PERM Program National Prevailing Wage Center – ETA Form 9141 ETA Form 9141 Filing Tips: Supervisor of peers or subordinate  If the position will be directing the work of others, then mark Yes for supervision.  Mark Subordinate if the occupation of the workers being supervised is not the same ‘level’ and Peer if it is.  Example: A physician directing the work of a nurse would be Subordinate but the same physician directing the work of other physicians would be Peer.  Include details in the job description, including who is being supervised. For Government Training Use Only (May 10, 2017) 14 Department of Labor: PERM Program National Prevailing Wage Center – ETA Form 9141 ETA Form 9141 Filing Tips: Describe Job Duties  Give specifics on Products, Projects, Processes, Materials, and Equipment.  Make it clear when a translator will be available to the incumbent.  For teachers: who and where.  Make sure no extra tasks are included in job duties. Cannot remove after submitting application.

For Government Training Use Only (May 10, 2017) 15 Department of Labor: PERM Program National Prevailing Wage Center – ETA Form 9141 ETA Form 9141 Filing Tips: Describe Travel  Be sure to include the details:  Area(s);  Frequency; and  Nature.  Make it clear when interaction with other countries does and does not require travel there. For Government Training Use Only (May 10, 2017) 16 Department of Labor: PERM Program National Prevailing Wage Center – ETA Form 9141 ETA Form 9141 Filing Tips: Requirements Tips  Make sure that requirements are entered into the proper place on the form.  DO NOT enter ‘see attached,’ ‘see job duties,’ or the like.  Clarifications may be entered in the other fields when appropriate.  Preference will be treated as a requirement. For Government Training Use Only (May 10, 2017) 17 Department of Labor: PERM Program National Prevailing Wage Center – ETA Form 9141 ETA Form 9141 Filing Tips: Requirement Tips  Check for conflicting requirements:  Example – marking Experience as No, then saying experience is required in the Special Requirements block  Example – marking Travel as No, then saying the position will visit client sites in the Job Duties block. For Government Training Use Only (May 10, 2017) 18 Department of Labor: PERM Program National Prevailing Wage Center – ETA Form 9141 ETA Form 9141 Filing Tips: U.S. Degrees Only  This is only U.S. degrees.  Do not enter a degree not normally issued in the U.S.  If Box “Other Degree” is checked, please make sure the text block only includes the specific US Professional Degree not alternative education requirements or non-US degrees.  ABD is an administrative status and not a recognized degree.

This can be entered in the special requirements, if needed.  LLM comes after JD. For Government Training Use Only (May 10, 2017) 19 Department of Labor: PERM Program National Prevailing Wage Center – ETA Form 9141 ETA Form 9141 Filing Tips: Alternative Job Requirements PWD Frequently Asked Question (FAQ) PERM #2: If an employer intends to accept alternative job requirements and to list such requirements on the ETA Form 9089, the employer must list its alternative job requirements on the ETA Form 9141. Specifically, the employer should list its alternative job requirements in either the Special Requirements block (D.b.5) or the Job Duties block (D.a.6) of the ETA Form 9141. This is to reflect a line of BALCA decisions affirming our ability to require the same information on the job opportunity on both forms.  The wage provided will only apply to the requirements detailed in E.b. Minimum Job Requirements For Government Training Use Only (May 10, 2017) 20 Department of Labor: PERM Program National Prevailing Wage Center – ETA Form 9141 ETA Form 9141 Filing Tips: Workplace County  Double check workplace county or equivalent.  Example – the city of Houston, TX, is in Harris County, not Houston County  For Multiple Worksites, please use:  County or  MSA For Government Training Use Only (May 10, 2017) 21 Department of Labor: PERM Program National Prevailing Wage Center – RFI Tips Request For Information (RFI) Tips: How to respond to an RFI  RFI answer is clarification-not removal or update of a form entry.  Answer the question being asked:  There may be more than one item in the RFI.  If you are not sure what is being asked, make your best effort and let us know how you interpreted the question.

For Government Training Use Only (May 10, 2017) 22 Department of Labor: PERM Program National Prevailing Wage Center Documents for Other Wage Sources For Government Training Use Only (May 10, 2017) 23 Department of Labor: PERM Program National Prevailing Wage Center - CBA  If there is a CBA, it must be used. No other wage source can be requested.  Required Documents:  Letter on letterhead from Employer for current position;  Letter on letterhead from Union Representative for current position; and  Agreements.  Wage must be negotiated at arm’s length. For Government Training Use Only (May 10, 2017) 24 Department of Labor: PERM Program National Prevailing Wage Center CBA Agreement Documents  Statement of Coverage  Workers covered  Limits on coverage  Job Details  Duties  Levels – may be expressed as titles  Premium Activities or Conditions  Wage  Signatures putting it in effect  Must be in effect  Validity Dates  Any extensions For Government Training Use Only (May 10, 2017) 25 Department of Labor: PERM Program National Prevailing Wage Center Survey Documents Needed  Same survey, same edition  Methodology  Survey Position Description  Leveling Info if appropriate  Wage Data:  Number of Employers used to get wage  Number of Workers used to get the wage  Evidence of cross industry:  Methodology  List of participants  Evidence of most recent  When the wage data was collected  Publication Date – Includes posting to online database For Government Training Use Only (May 10, 2017) 26 Department of Labor: PERM Program National Prevailing Wage Center Survey Documents – Tips To allow us to select the most appropriate wage based upon the information on the 9141 compared to the survey criteria:  Include wage information from;  all survey wage levels  similar survey occupations  Survey Geographic Coverage:  Explanation of where the surveyed employers are located  More specific than just a city name  Example: Pittsburg  Incorporated area only?  City plus select suburbs?  OMB defined MSA? For Government Training Use Only (May 10, 2017) 27 Department of Labor: PERM Program National Prevailing Wage Center Survey Documents – Tips (continued)  Where the survey provides larger areas, an explanation of those as well  Provide wage data for each area  An explanation of why the surveyed area is larger than the area of intended employment For Government Training Use Only (May 10, 2017) 28 Department of Labor: PERM Program National Prevailing Wage Center Survey Documents – Tips (continued) Provide survey information for the most detailed occupation.

While the regulations, under the definition of similarly employed, do allow a more general occupation, only if the occupation does not have enough workers in the AIE Only if Expansion Normal Use The examples provided are for illustration, are not an endorsement, and do not reflect the Department's approval or endorsement of any one particular product. For Government Training Use Only (May 10, 2017) 29 Department of Labor: PERM Program How to Contact NPWC for Assistance  NPWC General Program and Processing Questions: NPWC Help Desk: [email protected] iCERT Portal System Technical Issues: [email protected] Telephone: (202) 693-8200 Mail: U.S. Department of Labor Office of Foreign Labor Certification National Prevailing Wage Center 200 Constitution Avenue, NW Room N-5311 Washington, DC 20210  Check the OFLC website on regular basis for NPWC updates, FAQs, webinar announcements, and updated forms at http://www.foreignlaborcert.doleta.gov For Government Training Use Only (May 10, 2017) 30 Department of Labor: PERM Program Section III PERM Upload Documents Process For Government Training Use Only (May 10, 2017) 31 Department of Labor: PERM Program Upload Documents Process The PERM Case Management System (CMS) allows stakeholders to directly submit documentation related to its permanent labor certification application in CMS. Employer Benefits:  Reduces cost and burden to stakeholders from having to submit documentation via U.S. mail, e-mail or facsimile;  Streamlines process of submitting PERM applications;  Expedites review of PERM applications by connecting the responsive documents directly to the application; and  Ensures integrity and receipt of information submitted. For Government Training Use Only (May 10, 2017) 32 Department of Labor: PERM Program Upload Documents Process The employer has the opportunity to upload documents directly into CMS, including but not limited to the following:  Audit Documentation (business necessity, recruitment report, resumes, etc.);  Response to Supervised Recruitment letters;  Request for Reconsideration/Review;  Response to Business Existence Request for Information;  Response to Multiple Filing Request for Information;  G-28 Documentation;  Help Desk Inquiry; and  Other responsive documents.

For Government Training Use Only (May 10, 2017) 33 Department of Labor: PERM Program Upload Documents Process NOTE: Although the employer has the ability to upload documents up to 30 calendar days after the notice of final determination, any documentation provided must adhere to time frames and deadlines imposed by the Department’s notification letters and or regulatory requirements whether submitted electronically or otherwise. For Government Training Use Only (May 10, 2017) 34 Department of Labor: PERM Program Upload Documents Process  Employer must be logged in CMS.  Select ‘MY APPLICATIONS’ tab.  Select “UPLOAD DOCUMENTS” sub-tab. For Government Training Use Only (May 10, 2017) 35 Department of Labor: PERM Program Upload Documents Process  Enter the case number for the applicable application in the “ETA Case Number” field and click on “Search.” For Government Training Use Only (May 10, 2017) 36 Department of Labor: PERM Program Upload Documents Process  Left click on the case number hyperlink.  Follow instructions on how to upload documents. For Government Training Use Only (May 10, 2017) 37 Department of Labor: PERM Program Upload Documents Process For Government Training Use Only (May 10, 2017) 38 Department of Labor: PERM Program Upload Documents Process  The employer will be provided with the option of selecting from one of the following categories: Admin Documents, Appeal, Audit Review and Supervised Recruitment.

For Government Training Use Only (May 10, 2017) 39 Department of Labor: PERM Program Upload Documents Process The employer will be provided with the following Admin Documents and Appeal “Document Type” options: For Government Training Use Only (May 10, 2017) 40 Department of Labor: PERM Program Upload Documents Process The employer will be provided with the following Audit Review “Document Type” options: For Government Training Use Only (May 10, 2017) 41 Department of Labor: PERM Program Upload Documents Process The employer will be provided with the following Supervised Recruitment “Document Type” options: For Government Training Use Only (May 10, 2017) 42 Department of Labor: PERM Program Upload Documents Process The employer must:  Click on the “Browse” button and select the file to upload into CMS  Indicate type of “Category” and “Document Type” from drop down options  Employer has the option of entering a “File Name” and “Note.” (Note: free-text data field with maximum of 250 characters).  Left click on the “Upload” button For Government Training Use Only (May 10, 2017) 43 Department of Labor: PERM Program Upload Documents Process  The following screen will appear after uploading a document in CMS  Left click on the “Save” button. For Government Training Use Only (May 10, 2017) 44 Department of Labor: PERM Program Upload Documents Process  Left click on “OK” to complete the last step in uploading the document in CMS. For Government Training Use Only (May 10, 2017) 45 Department of Labor: PERM Program Upload Documents Process  The employer has the choice to upload and save several documents for the same case.  Follow the process for selecting the “File”, “Category” and “Document Type” (and optional, “File Name” and “Note”) for each document to be uploaded.  Left click on “Save” and then “OK” to complete the last steps in uploading the documents in CMS. For Government Training Use Only (May 10, 2017) 46 Department of Labor: PERM Program Upload Documents Process  The employer will automatically be routed back to the “Upload Documents” page for the same case number.  Left click on the under “Attachments” to see all documents uploaded for the application.

For Government Training Use Only (May 10, 2017) 47 Department of Labor: PERM Program Upload Documents Process The employer will be able to view a list of the documents uploaded, document type, date uploaded, any uploaded notes. and the user that uploaded each document. For Government Training Use Only (May 10, 2017) 48 Department of Labor: PERM Program Upload Documents Process  After the employer uploads a document, the employer has an opportunity to delete the document before selecting the “Save” button.  Left click on check box and then the “Delete Selected Attachments” button.  Once a document has been uploaded and saved, it cannot be deleted from CMS. For Government Training Use Only (May 10, 2017) 49 Department of Labor: PERM Program Upload Documents Process The external user will receive an automatically generated e-mail from “U.S. Dept of Labor Employment & Training Administration <mailto:[email protected]>” after uploading documents in CMS (copy of the e-mail will simultaneously be sent to the ANPC help desk) acknowledging documentation uploaded in CMS. Example: : This internal e-mail is to notify you that correspondence has been added to A-#####-#####.

Correspondence Type uploaded: - Request for Reconsideration User Name (UserID) User Name (UserID) - G-28 Documentation For Government Training Use Only (May 10, 2017) 50 Department of Labor: PERM Program Upload Documents Process Reminders:  The maximum size limit for saving a single uploaded document is 30MB.  Recommend separating document(s) that exceed (or seem to exceed, if the exact size is not known) the 30MB limit as two or more documents.  For example: Case A-12345-67890 U.S. Workers Resumes – Part I Case A-12345-67890 U.S. Workers Resumes – Part II For Government Training Use Only (May 10, 2017) 51 Department of Labor: PERM Program Upload Documents Process Reminders:  Uploaded and saved documents must pertain only to the selected application;  Do not combine documents for multiple cases;  If combined documents are submitted, the case reviews may be delayed and/or denied for failure to follow instructions;  The “Note” data text field may not be used to explain any application issues or document content; For Government Training Use Only (May 10, 2017) 52 Department of Labor: PERM Program Upload Documents Process Reminders:  The employer can view, but not edit, any uploaded and saved documents in CMS;  Employer cannot upload documents if the application is in ‘Incomplete’ or ‘Certified-Expired’ status; and  Go to https://www.plc.doleta.gov/onlinehelp.pdf to view the Permanent Online System User Guide for the new CMS enhancement feature, starting on page 51. For Government Training Use Only (May 10, 2017) 53 Department of Labor: PERM Program Upload Documents Process The Department will also be able to view documents saved, date and time documents were saved and by whom. For Government Training Use Only (May 10, 2017) 54 Department of Labor: PERM Program PERM E-Issuance and E-Receipt Process Section IV PERM E-Issuance and E-Receipt Process For Government Training Use Only (May 10, 2017) 55 Department of Labor: PERM Program PERM E-Issuance  On December 1, 2016, the ANPC began issuing PERM notification letters electronically via e-mail.  Benefits of electronic notification e-mails:  Faster delivery of PERM notification letters;  Minimizes delayed receipt of postal mail;  Eliminates returned mail; and  Allows Stakeholders more time to respond to PERM notification letters. For Government Training Use Only (May 10, 2017) 56 Department of Labor: PERM Program PERM E-Issuance The ANPC is issuing the following PERM notification letters via e-mail:  Audit Notification Letters;  Denial Notification Letters;  Requests for Information Letters;  Additional Audit Information Requests;  Withdrawal Letters; and  Notices of Decisions from Appeals.

For Government Training Use Only (May 10, 2017) 57 Department of Labor: PERM Program PERM E-Issuance Exception to issuing PERM notification letters via e-mail:  Certified ETA Form 9089 PERM application letters are not being sent electronically due to the certification’s security paper requirements currently in place with the U.S. Citizenship and Immigration Services. For Government Training Use Only (May 10, 2017) 58 Department of Labor: PERM Program PERM E-Issuance To ensure PERM stakeholders are receiving the electronic notification letters, add the following e-mail addresses to your Address Book or Safe List within your e-mail system(s) to avoid being filtered as SPAM:  [email protected] and  [email protected]  Add “dol.gov” to your address book or safe list to prevent routing to Junk or Spam mail.  Notify the ANPC if the employer’s and/or authorized representative’s e-mail addresses change. For Government Training Use Only (May 10, 2017) 59 Department of Labor: PERM Program PERM E-Receipt On December 1, 2016, the ANPC started receiving electronic receipt of the following:  Requests for Information;  Responses to Audit Notification Letters;  Additional Audit Information Requests;  Request for Reconsideration/Review; and  Notices of Decisions for Appeals. For Government Training Use Only (May 10, 2017) 60 Department of Labor: PERM Program PERM E-Receipt Within two calendar days of receiving the Stakeholders E-Receipt documentation, the ANPC help desk:  Sends an e-mail to the Stakeholder and acknowledges receipt of the documentation; and  Informs the Stakeholder the documentation was forwarded to the appropriate person(s) for review.

For Government Training Use Only (May 10, 2017) 61 Department of Labor: PERM Program PERM E-Receipt Scan, tab, or clearly identify documentation for audit responses into one of the applicable categories: Cover Letter Copy of Audit Letter Business Necessity and supporting documentation Recruitment documentation Recruitment Report and supporting documentation Resumes and supporting documentation Prevailing Wage Affidavits Signed ETA Form 9089 Postage Receipt For Government Training Use Only (May 10, 2017) 62 Department of Labor: PERM Program PERM E-Receipt E-Receipt Reminders:  Each e-mail response should be no larger than 20MB;  If response is larger than 20MB, separate each e-mail response into two or more documents of less than 20MB; and  Do not combine documentation for different applications in a single e-mail to the ANPC. For Government Training Use Only (May 10, 2017) 63 Department of Labor: PERM Program PERM E-Receipt E-Receipt Reminders (continued):  When e-mailing documentation, specify case number and type of documentation being submitted in the Subject Line. Example: Case A-12345-67890; Audit Response – 1 of 2 Case A-12345-67890; Audit Response – 2 of 2 Case A-98765-43210; BE RFI Response For Government Training Use Only (May 10, 2017) 64 Department of Labor: PERM Program Employers have three options on how to submit documentation to ANPC: 1. Upload Documents in CMS  Direct capability to upload and view documents in CMS;  Fastest way for the ANPC to receive and process documentation;  Immediate confirmation of receipt;  Ensures integrity and receipt of documentation; and  Free and easiest option available.

For Government Training Use Only (May 10, 2017) 65 Department of Labor: PERM Program 2. Send Documents to ANPC via E-mail  No cost associated with e-mailing documentation;  Delayed acknowledgement of documentation received; and  Slight delay for ANPC to receive and process documentation. For Government Training Use Only (May 10, 2017) 66 Department of Labor: PERM Program 3. Send Documents to ANPC via Postal Mail  Resources and costs associated with sending documents via regular postal mail (or via FedEx, UPS, certified mail, etc.) to ANPC;  Delay receipt of documentation at ANPC;  Delay in ANPC receiving and processing documentation;  No confirmation of receipt; and  Slowest processing method.

For Government Training Use Only (May 10, 2017) 67 Department of Labor: PERM Program Technical or System Issues The employer should send an e-mail to [email protected] (not the ANPC help desk) if experiencing any technical or system (CMS) issues. Include in the e-mail: √ A detailed explanation of the problem; √ Urgency of the request; and √ Contact name and phone number of the person to call in case additional information is needed. An experienced technician will respond to the employer via e-mail or telephone. For Government Training Use Only (May 10, 2017) 68 Department of Labor: PERM Program Common Deficiencies on ETA Form 9089 and Helpful Tips Section V Common Deficiencies when Registering, Preparing ETA Form 9089, Help Desk, and Helpful Tips For Government Training Use Only (May 10, 2017) 69 Department of Labor: PERM Program Online Registration For Government Training Use Only (May 10, 2017) 70 Department of Labor: PERM Program Online Registration Process  The PERM Online System for foreign labor certification offers employers a registration feature.  By registering with PERM Online System, the employer’s information entered at registration is stored in a profile used to prepopulate key fields of the application.  This feature will assist an employer in viewing and/or printing previously-prepared applications that have been submitted or are in incomplete status.

For Government Training Use Only (May 10, 2017) 71 Department of Labor: PERM Program Online Registration Process Prior to submitting an online application, the employer must be verified as a valid business entity.  Once the business information is verified, the employer contact is sent an e-mail containing the username and a temporary password.  Use the temporary password to login to the PERM Online System.  A second e-mail will be sent to the employer contact containing a unique 4-digit PIN needed to submit cases to the PERM Online System. For Government Training Use Only (May 10, 2017) 72 Department of Labor: PERM Program Online Registration Process A registered user will be able to view the status of a labor certification application and:  Update profile information online;  Track newly-submitted labor certification applications;  E-mail saved labor certification applications to colleagues within the company;  Add new users to the account; and  Upload documents directly to an application. Prior to filing an application, the employer must register with PERM Online system in order to establish an account at www.plc.doleta.gov. For Government Training Use Only (May 10, 2017) 73 Department of Labor: PERM Program Common Deficiency when Registering Online The most common deficiency is duplicate registrations for the same employer, address, and contact person.

Duplicate registrations can result in: ≠ Delayed response time in processing registration; ≠ Receiving multiple requests for information letters; and ≠ Inability to file an online application. For Government Training Use Only (May 10, 2017) 74 Department of Labor: PERM Program Online Registration Process If the employer’s business information is not initially verified, the employer contact will be sent an e-mail* requesting proof of business existence:  Federal Employer Identification Number (FEIN);  Articles of incorporation, business license, state registration; and  Proof of physical location (e.g., utility bill, tax record, etc.). * Please be patient – the e-mail may take up to five business days to be sent to the registered employer. For Government Training Use Only (May 10, 2017) 75 Department of Labor: PERM Program Online Registration Process  Employers can create and manage user accounts for its agent/attorney and/or employees. This allows an employer to create sub-accounts for its colleagues to access the employer’s PERM records online.  The users with sub-account access can enter, edit, reuse, and withdraw PERM applications.

However, the user cannot create new user accounts or sub-accounts nor can the user edit the employer’s business information. For Government Training Use Only (May 10, 2017) 76 Department of Labor: PERM Program Registration Issues If experiencing Registration issues:  Status requests regarding PERM Registrations should be sent to [email protected]  Technical issues with registration should be sent to [email protected] * Send an e-mail to [email protected] (not the ANPC help desk) if there are any problems with CMS. For Government Training Use Only (May 10, 2017) 77 Department of Labor: PERM Program Registration Inquiries Registration e-mail inquiries should include the following information:  Employer Name;  FEIN;  Employer Contact Name; and  Date Registered. For Government Training Use Only (May 10, 2017) 78 Department of Labor: PERM Program Registration Tips Registration Tips:  Duplicate registrations for the same employer name, employer address, and contact person will cause delays in processing registration.  Employers are encouraged to create sub- accounts for new employees and agents/attorney’s who may file applications on behalf of the employer rather than submitting a new registration.

For Government Training Use Only (May 10, 2017) 79 Department of Labor: PERM Program Withdrawing Registration Account Withdraw or delete a registration account (e.g – where the original registration was established showing an attorney or representative as the "user" and/or where the contact person for the employer is not a person with actual hiring authority).  E-mail [email protected], provide the user name and password, and request the account be deleted.  Afterwards, the person with actual hiring authority can re-register with the correct information. For Government Training Use Only (May 10, 2017) 80 Department of Labor: PERM Program ETA Form 9089 Application ETA Form 9089 Follow instructions for completing an ETA Form 9089 at https://www.foreignlaborcert.doleta.gov/pdf/9089inst.pdf For Government Training Use Only (May 10, 2017) 81 Department of Labor: PERM Program Common Deficiencies on ETA Form 9089 Most common deficiencies when submitting ETA Form 9089 applications: ≠ Not completing all required applicable sections/fields; ≠ Placing text in sections/fields that only accept numbers; ≠ Indicating years of experience (Sections H-6A & H-10A) instead of months of experience; ≠ Indicating months of experience (Section 8-C) instead of years of experience; ≠ Indicating job requirements in job duties in Section H-11; For Government Training Use Only (May 10, 2017) 82 Department of Labor: PERM Program Common Deficiencies on ETA Form 9089 Most common deficiencies when submitting ETA Form 9089 applications (continued): ≠ Incomplete or incorrect FEIN in Section C-7 √ FEIN must be nine-digits; assigned by the IRS √ FEIN will be used to verify business existence ≠ Not indicating the prevailing wage source (Section F-6) ≠ Entering more than 4,000 characters in large text fields (Sections H-11 and addendum fields) ≠ Not entering the foreign worker’s accurate Country of citizenship (Section J-5) or Country of birth (Section J-6) For Government Training Use Only (May 10, 2017) 83 Department of Labor: PERM Program Common Deficiencies on ETA Form 9089 Most common deficiencies when submitting ETA Form 9089 applications (continued): ≠ Incomplete or incorrect format dates on application √ Dates must be entered in the mm/dd/yyyy format ≠ Incorrect employer’s e-mail address (Section D-5) and/or employer’s attorney/agent’s e-mail address (Section E-7) √ E-mail address must be accurate, so the Department can: √ Verify Sponsorship; and √ Notify stakeholders (e-issuance) PERM notification letters via e-mail. For Government Training Use Only (May 10, 2017) 84 Department of Labor: PERM Program Benefits Submit ETA Form 9089 Online Benefits of submitting an Online ETA Form 9089:  Filing online provides system prompts that assist in the completion of the ETA Form 9089;  Faster application processing time;  Ability to post, view, and update profile information;  Track and view status of prepared and submitted applications; For Government Training Use Only (May 10, 2017) 85 Department of Labor: PERM Program Benefits Submit ETA Form 9089 Online Benefits of submitting an Online ETA Form 9089 (continued):  Electronic verification of PERM status;  Ability to save the ETA Form 9089 on a personal computer;  Ability to use the same case information (including employer data) from one application to another application; and  The Print and Sign page is displayed after the application is submitted.  Ability to print submitted copy of the ETA Form 9089. For Government Training Use Only (May 10, 2017) 86 Department of Labor: PERM Program Withdrawal Requests in Audit For Government Training Use Only (May 10, 2017) 87 Department of Labor: PERM Program Withdrawal Requests in Audit  An application may be withdrawn at any time unless the Department sent the employer an Audit Notification letter.  Employer must comply with the audit procedure regulations and submit the required documentation as requested in the Audit Notification letter.  The employer may submit a withdrawal request of its application along with its audit response.  When submitting a withdrawal request, the employer should clearly and prominently indicate its request for withdrawal on the cover letter. * Reminder: Audit response & withdrawal upload capability available in CMS For Government Training Use Only (May 10, 2017) 88 Department of Labor: PERM Program ANPC Help Desk For Government Training Use Only (May 10, 2017) 89 Department of Labor: PERM Program ANPC Help Desk  ANPC only communicates with the employer or the employer’s authorized agent/attorney listed on the application (or the new authorized representative).  ANPC is not permitted to communicate directly with a foreign worker regarding a PERM application.  The ANPC does not provide counsel or guidance as to how to answer questions on the ETA Form 9089 and/or what documentation should be provided.  The Help Desk reiterates Announcement Notices and FAQs posted on the OFLC website.

For Government Training Use Only (May 10, 2017) 90 Department of Labor: PERM Program ANPC Help Desk  Notify the ANPC Help Desk when:  Change of attorney/agent of record (employer can conveniently upload a G-28 form in CMS);  Change of address (employer can upload a Change of Request documentation in CMS); and  The employer is no longer sponsoring the foreign worker. For Government Training Use Only (May 10, 2017) 91 Department of Labor: PERM Program ANPC Help Desk When submitting an ANPC Help Desk case inquiry e-mail, ensure the following information is included:  Case Number;  Employer’s Name (as indicated on ETA Form 9089);  Employer’s FEIN;  Foreign Worker’s Name (as listed on the application); and  How the application was submitted (Online or Mailed-in ETA Form 9089). For Government Training Use Only (May 10, 2017) 92 Department of Labor: PERM Program ANPC vs Technical or System Help Desk The following Help Desks are not affiliated with each other and need to be contacted independently.  [email protected] – online registration questions or issues.  [email protected] – status inquiry or questions for submitted PERM applications.  [email protected] – CMS system/technical issues and to delete registration account(s). For Government Training Use Only (May 10, 2017) 93 Department of Labor: PERM Program Requesting Duplicate/Withdrawing Certifications For Government Training Use Only (May 10, 2017) 94 Department of Labor: PERM Program Requesting Duplicate PERM Certifications Employers must complete the following steps when requesting a duplicate PERM certification:  Provide the ANPC a clear copy of the USDOL PERM certification letter showing that the application has been certified;  Provide the specific reason(s) for requesting that the ANPC secure a duplicate, approved labor certificate from the Department of Labor; and  The employer or the employer’s attorney/agent should contact the Atlanta help desk if the certified application has not been received after one week of being certified or soon thereafter.

For Government Training Use Only (May 10, 2017) 95 Department of Labor: PERM Program Withdrawing Certified-Expired PERM Applications Requesting Withdrawal of Certified-Expired PERM Applications:  A withdrawal for a Certified-Expired ETA Form 9089 does not need to be requested as the certification validity period has expired. For Government Training Use Only (May 10, 2017) 96 Department of Labor: PERM Program How to Contact ANPC for Assistance  PERM General Program and Processing Questions ANPC Help Desk: [email protected] Telephone: (404) 893-0101 Mail: U.S. Department of Labor Office of Foreign Labor Certification Atlanta National Processing Center Harris Tower 233 Peachtree Street N.E., Suite 410 Atlanta, GA 30303  Check the OFLC website on regular basis for PERM updates, FAQs, webinar announcements, and updated forms http://www.foreignlaborcert.doleta.gov For Government Training Use Only (May 10, 2017) 97 Department of Labor: PERM Program Section VI Resources for PERM Labor Certification Applications For Government Training Use Only (May 10, 2017) 98 Department of Labor: PERM Program Processing Times for Labor Certification Applications Go to http://icert.doleta.gov click on “Processing Times” For Government Training Use Only (May 10, 2017) 99 Department of Labor: PERM Program Helpful Resources Visit the OFLC website and “Subscribe” for e-mail updates http://www.foreignlaborcert.doleta.gov For Government Training Use Only (May 10, 2017) 100 Department of Labor: PERM Program Helpful Resources View Permanent Labor Certification FAQs, Forms, Regulations, etc., at https://www.foreignlaborcert.doleta.gov/perm.cfm For Government Training Use Only (May 10, 2017) 101 Disclaimer This presentation is intended for training use only and does not carry the force of legal opinion. The Department of Labor is providing this information as a public service. This information and any related materials are presented to give the public access to information on the Department of Labor programs.

You should be aware that, while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages. Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official source for regulatory information published by the Department of Labor. We will make every effort to keep this information current and to correct errors brought to our attention.

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