BALCA Upholds Denial Where Attorney Failed to Sign ETA 9089 in Audit Response

In the Matter of TLH Construction, 8/19/10, BALCA affirmed a denial where the attorney did not sign the ETA 9089 that was submitted with the audit response. BALCA noted that the instructions provided clear notice to the employer that the 9089  must be signed the attorney or representative agent.

In light of the recent increase in PERM audits, practitioners should take note and make proper preparations for their PERM audit file.