A PERM denial refers to the outcome of a labor certification application filed through the Program Electronic Review Management (PERM) system being rejected or not approved by the U.S. Department of Labor (DOL). A denial means that the DOL has determined that the employer’s application does not meet the necessary regulatory requirements.
There could be several reasons why a PERM application might be denied, including: failure to meet recruitment requirements, inaccurate or incomplete information, incomplete or incorrect supporting documentation, failure to respond to audit requests, regulatory violations and/or fraud or misrepresentation.
It is important to note that a denial of a PERM application does not necessarily mean the end of the road for the foreign worker’s permanent residency (GC) application process. Employers have the option to appeal the denial or reapply with corrected and improved application. However, addressing the reasons for the denial and ensuring full compliance with the DOL’s requirements are crucial in subsequent attempts to obtain labor certification.