Can a PERM Application Be Withdrawn After It Has Been Selected for Audit?
An employer might see a situation where a pending PERM application is no longer needed. For example, an employer might request a withdrawal of a pending PERM application if the employee has resigned or if the employee has already received a green card through another avenue. If the PERM application was submitted electronically, then the employer can withdraw it electronically through the PERM account. If the application was submitted by mail or the employer is unable to withdraw the electronically submitted application through the PERM account, a withdrawal request can be mailed or emailed to the Atlanta National Processing Center.
However, what if an employer needs to withdraw a PERM application after it has already been selected for audit? Unfortunately the employer cannot avoid the audit and claim circumstances have changed such that the PERM application is no longer needed. The employer MUST respond to the audit with the requested documentation in a full audit response. The employer can include the request for withdrawal in the audit response.
Failure to respond to an audit can have serious consequences. PERM regulations state that the Certifying Officer may require the employer to conduct supervised recruitment in future filings for up to two years.
Because the PERM process can be tricky to navigate, it is always best to contact a qualified immigration attorney to help come up with the proper solution for each individual case.
Camille Joson is a Senior Associate Attorney in the firm’s PERM Labor Certification Department, where she assists clients in the beginning stages of the green card process.