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 This matter arises under Section 212(a)(5)(A) of the Immigration and Nationality Act, 8 U.S.C. §1182(a)(5)(A), and the "PERM" regulations found at Title 20, Part 656 of the Code of Federal Regulations. In this case, the Employer filed an application for permanent alien labor certification for the position of Live in Household Cook. (AF 7-16). On August 18, 2006, the Certifying Officer (CO) issued a letter denying the application on the ground that the Employer had not supplied its Federal Employer Identification Number (FEIN or EIN) on the ETA Form 9089 at Section C-7. (AF 4-6).1 On August 28, 2006, the Employer requested review of the denial, arguingthat she had used her Social Security Number because she did not have a valid “taxpayer identification number.” (AF 3). In a letter dated August 23, 2007, the CO denied reconsideration on the ground that the Employer must have a FEIN to apply for certification, citing the BALCA decision in Maria Gonzalez, 2007-PER-24 (Apr. 25, 2007). (AF 1-2).  The CO forwarded the matter to BALCA, which docketed the appeal on August 29, 2007. The Board issued a notice of docketing on September 12, 2007. The Employer filed a Statement of Intent to Proceed, but did not provide an argument on the merits of the appeal. The CO did not file a brief.

In Maria Gonzalez, 2007-PER-24 (Apr. 25, 2007), this panel held that an employer could not use a Social Security Number as a substitute for a FEIN when completing Section C-6 of Form 9089. The panel noted that, pursuant to 20 C.F.R. § 656.3, "an employer must possess a valid Federal Employer Identification Number (FEIN)." (emphasis added). The panel also noted that IRS Publication 926 provides that employers must possess a FEIN in order to file tax forms for domestic household employees. See www.irs.gov/publications/p926/ar02.html. Thus, the CO correctly denied certification in this matter. The Employer's remedy is to obtain a FEIN and reapply

Based on the foregoing, IT IS ORDERED that the Certifying Officer's denial of labor certification in the above-captioned matter is AFFIRMED.