Denials Suspended of PERM Cases Where H.14 Requirements Not Specified

December 9th, 2016

Based on BALCA’s decision in Matter of Smartzip Analytics, the DOL’s (Department of Labor’s) Office of Labor Certification (OFLC) will suspend denials of PERM labor certifications where experience noted in Section H.14 of the Form ETA 9089 was not quantified. In Matter of Smartzip Analytics, BALCA reversed the certifying officer’s denial where the required experience was not quantified for each skill listed in Section H.14 of the Form ETA 9089, explaining that the Form ETA 9089 nor its instructions mandate a duration requirement.