OFLC Reconsiders Denials Based On Question H.10-B ‘Acceptable Alternate Occupation Title' On ETA-9089

The Department of Labor's Office of Foreign Labor Certification (OFLC) posted an announcement on April 14, 2023, regarding recent permanent labor certification applications that were denied where the employer did not explicitly answer the question in field H.10-B of Form ETA-9089, Application for Permanent Employment Certification.

OFLC said it has "thoroughly reviewed" past and current permanent labor certification (PERM) applications with respect to how question H.10-B on the Form ETA-9089 has been completed. As a result of this review, OFLC concluded that some employers have not consistently answered the question accurately by providing acceptable alternate job titles. Rather, they include statements such as "see H.14 – Special Skills." OFLC has recently denied such applications for being incomplete.