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Suggestions from DOL Liaison Committee Regarding Current PERM System Problems
 

1. The PERM system apparently requires Adobe 7.0 or higher in order to view and print the 9089 Form correctly. It is possible that a few of the reported difficulties with viewing or printing the 9089 may be due to use of an older version of Adobe. Please check your system to confirm that you are using Adobe 7.0 or higher.

2. AILA liaison has discussed the employer sponsorship verification problems with the DOL. If the employer is having a problem accessing the DOL website via the link provided in the sponsorship verification e-mail and therefore cannot respond to the sponsorship email within 7 days, the DOL will treat it as a “non-reply.” The standard procedure for a “non reply” is for DOL to telephone the employer to verify sponsorship. These calls usually take place within a week. However, since many users have reported recent problems in using the sponsorship e-mail link, it is possible that it will take additional time for DOL to make all of the required sponsorship telephone calls. Attorneys should advise clients to expect and be ready for the confirmation call from DOL. Although another option would be to withdraw and re-file the PERM application, this option has numerous drawbacks. If the recruitment goes stale during the interval between the first filing and the re-submission, there is no way to avoid an auto-denial on a timeline violation. Further, it could take some time to receive a confirmation of withdrawal from DOL. In addition, two applications in the PERM system for the same case (even if one application is withdrawn) could potentially trigger an audit.