November 2024 PERM Tip #1: The DOL Address That Must Be Given In The Notice Of Filing (NOF) Changed In 2021

November 2024 PERM Tip #1:  Reminder: The DOL Address that must be given in the Notice of Filing (NOF) changed in 2021  

BIB Daily presents bimonthly PERM practice tips from Ron Wada, member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping the Future of PERM.” Questions or comments may be sent to Ron at ron.wada@tandslaw.com.

Recent BALCA decisions have highlighted a change that DOL made in 2021 to the DOL address that should be included in the Notice of Filing (NOF).  The NOF is a document that notifies employees of the sponsoring employer of the job opportunity that is the subject of the PERM application, and must be posted at the proposed worksite as part of the required recruitment that serves as the basis for a PERM application.  The NOF must include a specific mailing address for DOL to which any person may submit a complaint regarding the employer’s recruitment effort.  Any inaccuracy in the DOL address shown in the NOF is automatic grounds for denial of certification of the PERM application.  On July 16, 2021, DOL published a formal notice in the Federal Register advising that the mailing address that must be given in the NOF was changing effective August 25, 2021 to

U.S. Department of Labor

Employment and Training Administration

Office of Foreign Labor Certification

200 Constitution Avenue NW, Room N-5311

Washington, DC 20210

The Federal Register notice advised, “Employers are reminded to adhere to regulatory requirements at 20 CFR 656.10(d), including providing ANPC’s correct new mailing address . . . on the Notice of Filing (NOF) that must be posted when employers file a Form ETA-9089, Application for Permanent Employment Certification.  If the required 10-day posting period for a NOF commences after September 5, 2021, employers must include the new mailing address contained in this notice.”

In Matter of Coutos Construction Corp. and Matter of Fabulous Building and Remodeling Inc., both issued by BALCA on September 12, 2024, the employers failed to include the new DOL address on their respective NOFs and consequently the PERM applications were denied by the Certifying Officer upheld by BALCA on appeal.

NOTE: The DOL PERM FAQs for NOFs are not helpful!  The FAQs under the heading “Notice of Filing” instruct applicants to consult the FAQs given under the heading, “How to File,” which does not state the address to be used in a NOF, but rather offers the following address for filing a PERM application by mail:

Applications for Permanent Employment Certification, ETA Form 9089, must be mailed to the following address:

United States Department of Labor
Employment and Training Administration
Atlanta National Processing Center
Harris Tower
233 Peachtree Street, N.E., Suite 410,
Atlanta, Georgia 30303

So, if you missed the Federal Register notice, and the AILA notice, and you didn’t have a colleague in your network who could spread the word to you, you have no doubt received one or more denials by now.

For further information, see:

Department of Labor, “Relocation of the Office of Foreign Labor Certification’s Atlanta National Processing Center; Change of Physical Mailing Address,” 86 Fed. Reg. 37766 (July 16, 2021); Matter of Coutos Construction Corp., 2024 BALCA LEXIS 339 (BALCA Sept. 12, 2024); Matter of Fabulous Building & Remodeling Inc., 2024 BALCA LEXIS 341 (BALCA Sept. 12, 2024); AILA, “ICYMI: Practice Alert: Impact of Address Change for Atlanta National Processing Center,” AILA Doc. No. 21072230 (July 28, 2021).