What to do if a PERM Application is Denied?

Published: May 31, 2024

A PERM application denial can be a disheartening experience for employers and foreign workers. The PERM (Program Electronic Review Management) labor application is a crucial step in the employment-based green card process. It verifies that hiring a foreign worker will not negatively impact U.S. workers’ job opportunities, wages, or working conditions. When this application is denied, it’s essential to understand the underlying reasons and the steps you can take to address the issue effectively.

Common Reasons for PERM Denial

Understanding why a PERM application might be denied is the first step in addressing the issue. Some common reasons include:

• Recruitment Process Errors: The PERM process requires strict adherence to a specific recruitment procedure. Failure to follow these prescribed steps such as job advertisements or documentation of recruitment efforts can lead to denial.
• Inaccuracies in the Application: Any inaccuracies, inconsistencies, or missing information can result in the denial of the application.
• Prevailing Wage Issues: The offered wage must meet or exceed the prevailing wage determined by the Department of Labor (DOL) for the specific occupation and geographic area. Failure to comply with this requirement is a common ground for denial.
• Lack of Evidence: The application must be supported by sufficient documentation to substantiate the necessity of hiring a foreign worker and to demonstrate that the employer conducted a good-faith effort to hire a U.S. worker.

Steps to Take After a PERM Denial

The denial notice provided by the DOL will detail the reasons for the application’s rejection. A thorough review of this notice is essential to understand and address the deficiencies cited by the DOL. Given the complexities of immigration law and the PERM process, consulting with an experienced immigration lawyer can significantly improve the chances of a successful outcome.

Employers have the option to request reconsideration by the officer within 30 days of the denial notice. This request should specifically address the reasons for the denial and include additional evidence or clarification to support the application. If reconsideration is unsuccessful or not feasible, an appeal can be filed with the Board of Alien Labor Certification Appeals (BALCA). This must also be done within 30 days of the denial.

Why You Should Contact ALG Lawyers

If your PERM application has been denied, navigating the next steps can be overwhelming. The expertise and experience of ALG Lawyers, Los Angeles Immigration Lawyers can provide you with the support and guidance needed to move forward effectively. Our team specializes in U.S. immigration law and is well-versed in handling PERM denials. You can contact ALG Lawyers to schedule a consultation today.