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Joel Stewart on PERM Labor Certification

Changes of Address or Representation on PERM Form 9089

Rating: 2 votes, 5.00 average.


Many people are still confused about the way to make changes of address, name or attorney representation on a PERM application.


The DOL has tried to clarify this in its Frequently Asked Questions.


However, before explaining the FAQ's, we should remember that in essence, a PERM form cannot be changed after filing. Appropriate changes (that do not affect the validity of the application) can be made when filing the I-140 petition at the USCIS Service Center.A cover letter or memorandum may accompany the I-140 to explain to the USCIS examiner the reason and non-materiality of the change.


Now, back to the FAQ's.



Question:



I am an employer, and my company recently changed its mailing address. How do I notify the DOL of the new mailing address so that notices related to applications filed by my company are mailed to the proper address?



Answer:






The employer should email the DOL Helpdesk at PLC.Atlanta@dol.gov as soon as possible to notify the DOL of the new address. The email should include the following:


1. Subject line of the email should state "Employer Change of Address."


2. Body of email should include:


a. The reason for the change of address request (i.e. moved office location)?


b. Employer's FEIN?


c. Mailing address the employer listed on pending application(s)?


d. Employer's new mailing address?


e. Effective date of the new mailing address? and


f. Each PERM case number(s) and/or name(s) of the foreign workers for


which the applications were filed that currently are pending with the DOL.


In the alternative, the employer may mail a letter to the Atlanta National Processing Center (ANPC) in lieu of an email that includes all of the information listed above to notify the DOL of employer's the change of address.



Question:







I am an employer and I am preparing to file an application with the DOL. I have completed the required recruitment. My company anticipates moving to a new area of intended employment before filing the application with the DOL. Does this move affect the filing of the application?



Answer:







Yes. If the company's move will change the area of intended employment for the beneficiary of the application the employer must complete recruitment for the new area of intended employment before filing the application with the DOL. An employer must recruit within the area of intended employment (defined in 20 CFR 656.3), in accordance with 20 CFR 656.17.



Question:







I am an attorney and I recently changed my mailing address. How do I notify the DOL of my new address so that decisions on pending applications and appeals are mailed to the new address?



Answer:







An attorney should send an email to the DOL Helpdesk at PLC.Atlanta@dol.gov


as soon as possible stating the following:


1. Subject line of the email should state "Attorney/Agent Change of Address."


2. Body of email should include:


a. The reason for the change of address request (i.e. moved to new location)?


b. Employer's FEIN?


c. Mailing address the attorney/agent listed on pending application(s)?


d. Attorney's/Agent's new mailing address?


e. Effective date of the new mailing address? and


f. Each PERM case number(s) and/or name(s) of the foreign workers for which the applications were filed that currently are pending with the DOL. In the alternative, the attorney may mail a letter to the ANPC in lieu of an email that includes the information listed above to notify the DOL of the attorney's change of address.



Question:







I am an attorney and I recently changed law firms. I continue to represent some of the employers for which I filed PERM applications. How do I notify the DOL of my new address so that decisions on pending applications and appeals that I continue to represent are mailed to the new address?



Answer:







An attorney should send an email to the DOL Helpdesk at PLC.Atlanta@dol.gov


as soon as possible to notify the DOL that he or she has changed firms. The email should provide the following:


1. Subject line of each email should state "Attorney/Agent Change of Address"


2. Body of email should include:


a. Employer's FEIN?


b. The reason for the change of address request (i.e. moved to new law firm)?


c. Mailing address the attorney/agent listed on pending application(s)?


d. Attorney's/Agent's new mailing address?


e. Effective date of the new mailing address? and


f. PERM case number(s) and/or name(s) of the foreign workers for which the applications were filed that currently are pending with the DOL.


Since the attorney is not continuing to represent all applications he or she originally filed, it is imperative to provide case numbers of the cases that the attorney will continue to represent. If the case numbers are unavailable then the attorney must provide the full name(s) of the foreign worker(s) for whom the application(s) were filed. In the alternative, the attorney may mail a letter to the ANPC in lieu of an email that includes the information listed above to notify the DOL of the attorney's change of address.



Question:







I am an attorney and the company I represent recently acquired another company and has asked me to enter my appearance on cases filed by the acquired company's previous legal counsel. How do I notify the DOL that I now represent an employer with pending applications?



Answer:







The attorney should send an email to the DOL Helpdesk at PLC.Atlanta@dol.gov


to notify the DOL of a change in address and a change in representation.


1. Subject line of the email should state "Attorney/Agent Change in Representation"


2. Body of email should include:


a. The nature of the corporate change?


b. Name, address and FEIN of the employer listed on the pending application?


c. Name, address and FEIN of the new entity, if applicable?


d. Mailing address of the attorney/agent listed on pending application(s)?


e. Attorney's/Agent's new mailing address, if applicable?


f. Effective date of the corporate change?


g. Effective date of the new mailing address, if applicable? and


h. PERM case number(s) and/or name(s) of the foreign workers for which the applications were filed that currently are pending with the DOL. If the case numbers are unavailable then the attorney must provide the full names of the foreign workers for whom applications were filed. In the alternative, the employer may mail a letter to the ANPC in lieu of an email that includes the information listed above to notify the DOL of the change in representation and/or the change in corporate entity and address, if applicable.



Question:







The employer is changing its address. If the employer is represented by an attorney or agent does the employer need to notify the DOL directly of its new address?



Answer:







Yes. An employer with pending applications must notify the DOL of the employer's new address.



Question:







May an attorney file a change of address request on behalf of the employer?



Answer:







Yes. The attorney may notify the DOL of a change of address, change in representation and/or corporate change on behalf of a client. The attorney should send an email to the DOL Helpdesk at PLC.Atlanta@dol.gov to notify the DOL of a change in address and a change in representation. The email should include the following:

1. Subject line of the email should state "Employer Change of Address."


2. Body of email should include:


a. The reason for the change of address request (i.e. moved office location)?


b. Employer's FEIN?


c. Mailing address the employer listed on pending application(s)?


d. Employer's new mailing address?


e. Effective date of the new mailing address? and


f. Each PERM case number(s) and/or name(s) of the foreign workers for which the applications were filed that currently are pending with the DOL. In the alternative, the employer may mail a letter to the ANPC in lieu of an email that includes all of the information listed above to notify the Department of employer's the change of address.



Question:







If my case has been sent up to BALCA do I still need to notify the ANPC of my change of address or change in representation for cases pending with BALCA?



Answer:







Yes. You must notify BALCA and the ANPC separately.



Question:







If I notify the ANPC of my change of address for a case pending at BALCA do I still need to notify BALCA directly?



Answer:







Yes. Please notify BALCA of your change of address following BALCA's change of address procedures.



Question:







Which email address should be used to notify the DOL of a change in


address and/or change in representation?



Answer:









Question:







What is the mailing address for the Atlanta National Processing Center where I should send notice of the change in address or representation?



Answer:








U.S. Department of Labor, Employment & Training Administration, Atlanta National Processing Center, Harris Tower, 233 Peachtree Street, Suite 410, Atlanta, GA 30303. Please state clearly on the cover letter that the request is for a notice of the change in address or representation.


 


-----------


Note: No matter what happens regarding the above instructions from DOL, once the PERM case is approved, a change in address or representation must take place at USCIS, a different government agency, within the context of the filing of the  I-140 Petition.
























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Comments

  1. Ally's Avatar
    What happens if an employer changes address, and the entire business is moved to a different state after the submission of a PERM application? What would happen with the application then? Is entire recruitment process (prior to ETA 9089 filing) invalid anymore, as well as the submitted application? Thank you.
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