One of the main PERM related questions individuals ask when seeking legal advice on a consultation is: My PERM was denied. What are my options?
One option is a Request for Reconsideration. A Request for Reconsideration is filed with the Certifying Officer who denied the case and it must be filed within 30 days from the date of the denial letter. By making a Request for Reconsideration, the employer is asking the Certifying Officer to reconsider his/her decision to deny the case and reverse it. In the Request for Reconsideration, the employer can only include the original documentation that was already submitted to the Certifying Officer previously and documentation that existed at the time the PERM was filed but the employer did not have a chance to present. The employer cannot submit additional documentation that would alter the PERM. If the Request for Reconsideration is denied, the employer will receive a Notice of Decision. The employer then has the option to file a Request for Review by the Board of Alien Labor Certification Appeals (BALCA) within 30 days from the date of the Notice of Decision.
The other option is to skip the Request for Reconsideration and directly file a Request for Review with BALCA. The Request for Review must be filed within 30 days from the date of the denial letter. In the Request for Review, the employer can only submit legal arguments and documentation that was already submitted to the Certifying Officer previously.
It is important to note that a Request for Reconsideration and Request for Review cannot both be filed at the same time. In the event that a Request for Reconsideration and Request for Review are both filed at the same time, it will be treated as a Request for Reconsideration.
As each case is different, individuals are strongly advised to consult with a qualified attorney who can help them determine the best option based on their specific circumstances.
By: Camille Joson, Associate
Camille Joson is an Associate Attorney in the PERM Labor Certification Department at Reddy & Neumann, P.C., Houston’s largest immigration law firm focused solely on U.S. employment-based immigration. Camille assists clients in the beginning stages of the green card process. Camille earned her J.D. from South Texas College of Law Houston. During her time as a law student, Camille joined the Immigration Clinic where she prepared many immigrant visa petitions. There she developed a passion for immigration law and gained valuable experience guiding clients as they moved through different stages of the immigration process.