When a labor certification application filed through the Program Electronic Review Management (PERM) system is denied by the U.S. Department of Labor (DOL), the employer has the option to appeal the denial. The appeal process allows the employer to contest the denial decision and seek reconsideration.
The DOL will issue a formal denial notice to the employer, outlining the reasons for the denial. This notice will provide details on why the application did not meet the necessary regulatory requirements.
To initiate the appeal process, the employer must file a request for reconsideration with the DOL’s Certifying Officer (CO) who adjudicated the original application. The request for reconsideration should include a detailed response to the reasons cited in the denial notice and any supporting documentation or evidence to address the issues raised.
It is crucial to file the request for reconsideration within the specified timeframe indicated in the denial notice. Typically, the applicant will have 30 days from the date of the denial notice to file the appeal.
After receiving the request for reconsideration, the CO will review the employer’s response and any additional documentation provided. Following the review, the CO will issue a decision regarding the appeal. The decision may result in one of the following outcomes:
- Approval: If the CO is satisfied that the employer has sufficiently addressed the issues raised in the denial and met the necessary regulatory requirements, the labor certification application may be approved.
- Denial Upheld: If the CO determines that the employer’s response and documentation do not resolve the issues cited in the denial notice, the denial may be upheld.
If the appeal is unsuccessful, the employer may explore other legal options, such as reapplying for labor certification with a corrected and improved application, pursuing other immigration avenues for the foreign worker, or requesting review of the denial by Board of Alien Labor Certification Appeals (BALCA).