Perm denied

[farid717]

My PD is June 16, 2011. I got denied Feb 07, 2012.

Denial Reason #1: The job order placed with the State Workforce Agency (SWA) serving the area of intended employment contains a wage rate lower than the prevailing wage rate. Specially, the Prevailing Wage Determination (PWD) issued by the National Prevailing Wage Center (NPWC) was $105,373 per year, but the job order placed through *****************.com lists a wage of $92,000 per year.

AUTHORITY FOR DENIAL: In accordance with the Department's regulations at 20 CFR 656.17(f)(5), advertisements must "not contain a wage rate lower than the prevailing wage rate."

Deninal Reason #2: The wage offer listed in the State Workfore Agency (SWA) job order $92,000 per year, is less than the wage offered the foreign workder, $110,000 per year listed in Section G.1 of the ETA Form 9089. As with the print advertisement regulatory requirement, no recruitment advertisement may contain an offer of wages or terms and conditions of employment less favorable than that offered the foreign worker. Offering the foreign worker an incentive greater than that offered the U.S. workder disaffirms the employer's attestation that the job opportunity is clearly open to any U.S. worker.

1. Can anybody please suggest me should I go for appeal or reapply the PERM again?

2. My employer says that wage list of $92,000 in *********************.com is not their fault. They says this is a government site, is that true?

3. If they go for appeal then how long it could take to get a decision?

Thanks for any suggestions.

[JoeF]

Government site or not, they use the data provided by the employer. So, I am pretty sure your employer is not quite truthful...

[krish343]

Hi Guys,

My perm was filed in sep 2011 and got denial notice last month. denial was because the company HR person didnt respond to calls by US DOL. At that time company was looking to find a new HR person. Should i appeal or apply new PERM?