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Joel Stewart on PERM Labor Certification

The New Form 9089

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DOL has published the New Form 9089 in the Federal Register. I decided to take a look and see what's new, what's changed, what's better, and what, if anything, is worse.

However, in this Blog entry, I would like to explain that by chance last week's Blog was written just as the new Form 9089 was being released by DOL. Specifically, last week I was writing about the OMB Processing Time Statement, which says on the old form that it takes 1 1/4 hours to prepare and file a Form 9089. I suggested that this figure was very unrealistic, but, naturally, when I saw the new Form 9089, the first thing I did was go to the end of the Form to check the new OMB data. The OMB response time for the new Form 9089 has been changed from 1 1/4 hours to 2 hours per response.

The form is now 17 pages, and the instructions are 23 pages. That's a total of 40 pages. Is two hours sufficient time? Senator Obama has stated that right now one out of every five adults in the United States can not read a simple story to their child, and that during the last twenty years or so, over ten million Americans reached the 12th grade without having learned to read at a basic level, and 34% of Americans have not reached a 4th Grade Reading Level.

It seems to me that if the OMB figures represent average American skills, and not the high or low end, it would take well over the two hour OMB figure for an average American just to read the 40 page form and instructions, not to mention the task of gathering information, preparing and filing the form itself.

Do you feel otherwise? If so, please send your opinion to this Blog.

My next entry, which I promise to complete this weekend, will cover the changes on the new 9089 Form.

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