DOL Withdraws FAQs on PERM Job Requirements


Goel & Anderson attorney Lisa Locke commented on the recent decision by the Department of Labor's Office of Foreign Labor Certification ("OFLC") to temporarily remove a controversial new Frequently Asked Questions ("FAQs") document from its website. Originally published on March 6th, the FAQs instructed that an employer must "define its [actual minimum job] requirements with respect to each skill listed" in Section H.14 of the labor certification application (ETA Form 9089), or risk denial of the application. In a blog article titled, "DOL's OFLC to ‘Clarify and Republish' Withdrawn PERM Drafting ‘Guidance'", Locke offers an analysis of why the FAQs were problematic and what DOL needs to consider before they are reissued.

The full article and additional commentary on immigration issues are available at The Immigration Channel, a blog published by Goel & Anderson.