Disciplinary Measures

A PERM approval can be revoked by the Certifying Officer if it was improperly approved or invalidated by the Departments of Homeland Security or Department of State upon a finding that that it is fraudulent. Employers, attorneys, and agents can be debarred from the permanent labor certification program based upon the participation in or facilitation of any action prohibited under the regulations.

The C.O. can revoke certification at any time upon a finding that it was not justified. The employer may submit evidence in rebuttal within 30 days of the notice of revocation. Note that revocation can occur even after an I-140 has been approved or a foreign worker has relied on the certification to obtain residency or citizenship.

DHS or the US Department of State can invalidate a labor certification upon a finding of fraud or willful misrepresentation of a material fact by those agencies or by a court.

The Department of Labor can deny a PERM application if the application is fraudulent or contains a willful misrepresentation. Upon a finding that the employer is involved in possible fraud in the labor certification program, the matter can be referred to the Department of Justice and the Department of Homeland Security.

DOL can issue to an employer, attorney, agent, or combination of these persons a Notice of Debarment from the permanent labor certification program based upon the participation in or facilitation of any action prohibited under the regulations. Note that the debarments shown on the website of the Administrative Law Judges does not list any PERM parties debarred. Some charges were brought against parties to labor certification under the pre- PERM rule.