Top reasons why DOL will deny your PERM certificate application

Published: February 14, 2022

Aside from family relations and marriage, there are other routes to acquire a permanent residency in the United States. Another popular route is employment. Applicants must prove to have the skills, proficiency, and experience to qualify for US-based jobs. In addition to the technical requirements, the government also requires one crucial document — the Program Electronic Review Management (PERM) Labor Certificate.

PERM Labor Certificate

Most employment-based immigrant visa preferences require applicants to secure an employment offer from a U.S.-based employer before coming to the United States. For purposes of immigration, the said employer functions as their sponsor. However, before the declared sponsor can petition a foreign employee, they must acquire an approved PERM labor certification from the Department of Labor (DOL). The PERM labor certification verifies: (1) there is a scarcity of available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage, and (2) hiring a foreign worker will not have any adverse effect on the wages and working conditions of U.S. workers who work under similar circumstances.

Causes for Denial

Many who received a denial for their application of a PERM labor certificate failed their PERM audits. A PERM audit is an official request from the DOL to request specific documents. The DOL issues two types of PERM audits, random and targeted. Those who receive targeted PERM audits have issues with their documentary submissions. 

Many things can trigger a PERM audit. Here are typical examples:

• job posts with trade-related issues

• job post with a minimum education requirement of less than a 4-year degree

• job posts that require a degree but no experience

• instances where employer indicates recent layoff

• applications submitted by the same employer/employee who received a denial within the last year

• applications submitted by the same employer/employee who made a withdrawal in response to an audit case within the last year

What to Do After Denial

After receiving a notice of denial, the involved employer and employee may need to file a series of petitions before the Board of Alien Labor Certification Appeals (BALCA) and other conduits of the DOL. Since more legal processes would likely ensue, partnering with immigration lawyers will be most beneficial.

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