On November 29, 2006, the DOL published new FAQs related to PERM application withdrawal, calculation of required timeframes for recruitment activities, and the use of postings at online professional and trade journals.
With respect to withdrawal, the DOL confirmed that employers who are unable to withdraw a PERM application electronically (either due to a technical error or because they originally filed by mail) should send an e-mail to the appropriate DOL National Processing Center and include the words “Withdrawal Request” and the employer’s name in the subject line of the email (the FAQs also specify other information that should be included in the e-mail message requesting withdrawal).
The DOL also confirmed that an employer may withdraw an already certified PERM application but such withdrawal cannot be performed electronically; instead, a withdrawal request must be mailed to the appropriate DOL National Processing Center that certified the application (the employer would be required to return all pages of the original certified ETA Form 9089 and include additional information in the written withdrawal request, as specified in the FAQs). Finally, the DOL specified that the employer cannot file a new PERM application for the same beneficiary until the online systems shows “Withdrawn” as the status of the original application, or if the employer receives written confirmation (via e-mail or regular mail) from the DOL that the PERM application has been withdrawn.
With respect to calculation of timeframes for the required recruitment activities, the DOL clarified that a PERM process involves “timelines” and “time periods,” which have different rules of computing days. When counting a “timeline,” the day of the event is not counted and the next day is counted as day one (for example, the date an ad ran in a newspaper is the day of the event so the DOL would exclude it when counting whether 30 days have passed to determine whether the application can be filed). When counting “time periods” (i.e., the number of days during which an activity must take place), the DOL specified that both the start date and the end date are included in the count (e.g., the regulations require a job order to be posted for 30 days so both the start date and the end date are included in calculating the required posting period).
With respect to the use of electronic journals (professional or trade), the DOL confirmed that the employer may not use a posting with an electronic journal as an alternative to one of the mandatory Sunday advertisements for professional positions, nor could the electronic journal be used to satisfy a recruitment requirement under optional special procedures for college or university teachers. However, the DOL indicated that a posting with an electronic professional or trade journal could be used to meet one of the three additional recruitment steps for professional positions.