DOL

U.S. Department of Labor

Articles covering policy from U.S. Department of Labor. Sorted by the agency's own publication date.

DOL

Schedule A Shortage-Occupation List: How Pre-Certification Bypasses PERM, and What the 2023 RFI Means for Expansion

How DOL's Schedule A pre-certification mechanism at 20 CFR 656.5 and 20 CFR 656.15 lets qualifying occupations skip ETA-9089 recruitment entirely — the regulatory architecture, the 2023 RFI on expanding the list, and what an expansion would mean for employers.

employment based 7 min
DOL

PERM Form ETA-9089: Process, Recruitment Timing, and Prevailing-Wage Determination

How DOL's PERM labor certification works in practice: the ETA-9141 prevailing-wage request, mandatory recruitment, and filing the electronic ETA-9089 in FLAG.

employment based 7 min
DOL

H-1B Labor Condition Application: Wage Levels I–IV and the 10-Day Notice Posting Window

How OFLC assigns H-1B wage levels I–IV on Form ETA-9035, the four attestations on the LCA, the 7-day filing window before a certified LCA can be used, and the 10-day worksite notice requirement at 20 CFR 655.734.

employment based 7 min
DOL

PERM Prevailing Wage Determination: OFLC's Skill-Level Worksheet for Levels I–IV

How OFLC's November 2009 Prevailing Wage Determination Policy Guidance assigns skill levels I, II, III, and IV to a PERM position, the five-factor worksheet, and how to write an ETA-9141 that survives the analysis.

employment based 7 min
DOL

EB-2 Schedule A: Nurses, Physical Therapists, and the Pre-Certified Labor Certification

How DOL's Schedule A regulation at 20 CFR 656.5 pre-certifies labor for registered nurses and physical therapists — and what employers must still file with USCIS under 8 CFR 204.5 to convert that pre-certification into an approved I-140.

employment based 7 min
DOL

Surviving a PERM Audit: Recruitment File, Applicant Log, and the SVP/SOC Cross-Check

What DOL audit letters ask for under 20 CFR 656.20, how to assemble the recruitment file and applicant log, and why the SVP-to-SOC mapping has to line up.

employment based 7 min
DOL

PERM Denial Appeals: BALCA Review Timing and the 30-Day Reconsideration Window

How to challenge a PERM denial under 20 CFR 656.24 and 656.26: the 30-day reconsideration window, the record on appeal, and what BALCA can and cannot do.

employment based 7 min
DOL

PERM Supervised Recruitment: When DOL Takes Over the Process

How 20 CFR 656.21 supervised recruitment works, why DOL invokes it, and what the employer can and can't control once a Certifying Officer is driving the recruitment plan.

employment based 6 min