U.S. employers applying for a green card must apply for Permanent Labor Certification (PERM). An approved PERM confirms no qualified U.S. workers for a job. If a PERM application is denied, there are options to resolve the situation.
Understand the reason for the denial
After receiving a denial notice from the Department of Labor, review the reasons provided, such as incomplete documentation, failure to meet recruitment requirements, or job advertisement issues, to guide your next steps.
Request reconsideration within 30 days of receiving a denial notice if you believe the decision was unjust or incorrect, providing a detailed explanation and supporting documentation.
File an appeal with the board of Alien Label Certification appeals
If a reconsideration request is denied or no response is received within 30 days, you can escalate the matter by filing an appeal with the Board of Alien Labor Certification Appeals (BALCA), adhering to their guidelines and deadlines.
Explore other immigration options
Explore alternative immigration options, such as H-1B, L-1, or O-1 visas, and consider reapplying for PERM with a modified application to address issues leading to initial denial.
Seek legal counsel
Consult an experienced immigration attorney for guidance, case assessment, and strategic plan development in navigating the complex PERM process, especially in the event of denial.