PERM Denials

If the PERM application if denied, the employer can either ask for reconsideration by the C.O. or review by BALCA. Reconsideration offers the opportunity to clarify issues in the record. Although the government error queue no longer officially exists, the C.O. sorts PERM cases on the basis of a triage, which enables it correct errors made in the final determination. An employer may request reconsideration first, and after reconsideration is denied, then request review by BALCA within 30 days.

If DOL denies an application for labor certification, the reasons for denial will be stated. The standards for denial include the employer’s substantial failure to provide required documentation as well as the employer’s failure to satisfy all the requirements of the PERM Rule.

Freedom of Information Act Requests can be made to the certifying officer or to BALCA to request the contents of the entire file held by the certifying officer or the appeal file that the certifying officer forwarded to BALCA.