September 2024 PERM Tip: Omitting a Travel Requirement

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.

Attorneys are careful to disclose travel requirements as part of the job description for a PERM application because of the risks of denial of certification by the CO, as repeatedly verified by unpleasant past experience.  However, according to BALCA, omission of a travel requirement from the PWD and the 9089, inadvertent or otherwise, is not sufficient grounds for denial of a PERM application!  This is because (1) the regulations governing prevailing wage determinations do not specify content requirements for the PWD, and (2) the DOL Certifying Officer has never articulated a rational basis for its belief that a travel requirement should merit a “bump” in the resulting prevailing wage level. 

For further information, see:

1. Ron Wada, “Shaping the Future of PERM – BALCA Highlights 1Q & 2Q 2023,” 28 Bender’s Immigr. Bull. 1313, 1318 (Aug. 1, 2023).
2. Matter of International Gas and Oil Trading, Inc., 2023 BALCA LEXIS 269 (June 22, 2023).
3. Ron Wada, “Shaping the Future of PERM – 2021 Review of BALCA Policies on Travel, Relocation, Imputed Travel, and Telecommuting,” 27 Bender’s Immigr. Bull. 755 (May 1, 2022).

Copyright 2024 Ron Wada, All Rights Reserved Worldwide