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PERM: The Importance of Listing the Correct Wage on the Notice of Filing

In a recent case brought before the Board of Alien Labor Certification Appeals (BALCA), the three-judge appeal panel affirmed the U.S. Department of Labor (DOL) Certifying Officer’s initial denial of a PERM application of a pharmacist from Rite Aid because the advertised wage did not match the actual offered wage.

In the Notice of Filing, Rite Aid listed a wage of $117,125. However, the actual offered wage was $150,821. BALCA affirmed the denial because the wage on the Notice of Filing was less favorable than the offered wage that was listed in the PERM application.

In support of their decision, BALCA stated the following, “The [Notice of Filing] NOF is not a mere technicality, but is an implementation of a statutory notice requirement designed to assist interested persons in providing relevant information to the [certifying officer] about an employer’s labor certification application … Failure to comply with the requirements of the NOF regulations cannot be lightly dismissed under a harmless error finding.” Therefore, any errors listed on the Notice of Filing, are not easily overcome in the response to an Audit or in a request for Motion for Reconsideration, in the event of a denial.

In conclusion, it is imperative that the offered wage is listed consistently in the Notice of Filing and in the PERM application, Form 9089.

By: Ruth Garbanzo

Ruth Garbanzo assists clients in the beginning stages of their green card process in the Perm Labor Certification Department as well as the final stages of their green card process in the Adjustment of Status Department. Throughout our client’s green card journey, Ruth strives to provide diligent service to each client from start to finish.

Reddy & Neumann has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on US. Employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.