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The PERM rules establish guidelines for
employers to dispute a SWA¡¯s wage finding. If an employer disagrees with
the skill level assigned to its job opportunity, or if the SWA informs the
employer its survey is not acceptable, or if there ¡°are other legitimate
bases for such a review,¡± the employer may submit supplemental
information to the SWA. The SWA must consider one supplemental submission
(though submission of an employer providedwage survey at this point would
not be considered to be the single opportunity the employer gets).
If the SWA does not agree
with the employer¡¯s request, then it must inform the employer of the
reasons for its decision. The employer can either then submit a new wage
determination or appeal. The appeal would need to be filed within 30 days
to the SWA and the SWA will forward the appeal on to the appropriate DOL
PERM processing center. A DOL Certifying Officer would then review the
case and affirm the wage,modify the wage or remand the matter to the
SWA for further action. Employers can then appeal up to the Board of Labor
Certification Appeals (BALCA). |
