In Matter of Kpit Infosystems, Inc., 2009-PER-00075 (2/25/09), BALCAÂ held that a PERM labor certification application cannot be denied because it lacked the magic language of Kellogg on the Form ETA 9089. It stated that since there was no particular place on the form to indicate such language, the petitioner could not be penalized for failing to include it. This case will not have any relevance for PERM cases filed after the new portal and form are in place starting this September, since the new online Form ETA 9089 specifically requests whether Kellogg applies.
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