PERM - Labor Certification

The Office of Foreign Labor Certification is providing this update to the public on issuing prevailing wage determinations.

PERM: Became current the week of October 23, 2011
H-1B: Became current the week of November 6, 2011
H-2B: Anticipated becoming current the week of November 27, 2011

The Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and listing job requirements not normal to the occupation on both the ETA Form 9141 Prevailing Wage Request and ETA Form 9089. This FAQ, which replaces the previous notice that had references to the State Workforce Agency (SWA), is available here and on the FAQs page of the OFLC Web site under the heading PERM Program and subheading Job Requirements/Duties.

The Department of Labor is working to incorporate new and/or revised Standard Occupational Classification (SOC) codes into the Permanent (PERM) Program online application system. Until the new codes are fully integrated, filers may experience situations where the new and/or revised, SOC codes are not available in the PERM online application system. Until such time as the new codes are incorporated, the Atlanta National Processing Center (ANPC) will accept the older SOC codes even though they may not match the code indicated on the Prevailing Wage Determination.

The Office of Foreign Labor Certification is providing this update to the public on its plans for becoming current on issuing prevailing wage determinations:

PERM: Week of October 23, 2011
H-1B: Week of November 6, 2011
H-2B: Week of December 18, 2011

The Department has released its Foreign Labor Certification Annual Report. The 2010 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification and Temporary Nonimmigrant Labor Certification for FY 2010. In addition, this report contains valuable information on State Employment-Based Immigration Profiles, Permanent Education Certification Statistics, H-1B Education Certification Statistics and Country Employment-Based Immigration Profiles.

Please check the attachment to view the report.

The 2010 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification and Temporary Nonimmigrant Labor Certification for FY 2010. In addition, this report contains valuable information on State Employment-Based Immigration Profiles, Permanent Education Certification Statistics, H-1B Education Certification Statistics and Country Employment-Based Immigration Profiles. To read a copy of the 2010 Annual Report please check the attachment.

Is the employer permitted to use an electronic or web-based national professional journal instead of a print journal when conducting recruitment under the Department of Labor (Department) regulations at 20 Code of Federal Regulations (CFR) § 656.18, Optional special recruitment and documentation procedures for college and university teachers?

Yes, an employer may use an electronic or web-based national professional journal to satisfy the regulatory provision at 20 CFR § 656.18(b)(3), which requires use of a national professional journal for advertisements for college or university teachers. The advertisement for the job opportunity for which certification is sought must be posted for at least 30 calendar days on the journal's website. Documentation of the placement of an advertisement in an electronic or web-based national professional journal must include evidence of the start and end dates of the advertisement placement and the text of the advertisement.

Revised September 28, 2011