The current PERM labor certification system is still in the developmental stage and some imperfections remain. The DOL has denied cases due to system error or insufficient training of its staff in some very complicated situations. If an employer believes that a denial is a result of the DOL’s system error or misjudgment of a DOL officer, an employer may file a motion to reconsider with the DOL processing center that made the decision or file an appeal with the Board of Alien Labor Certification Appeals (BALCA). A motion to reconsider or an appeal most be filed within 30 days from the date of denial.
Appeals with BALCA usually take a long time until a decision is made. In most instances, a motion to reconsider may achieve the same goal, and the DOL may reconsider and approve the case if a strong legal argument is presented with solid support of the law. Our firm has had many successful experiences in filing motions to reconsider process and our strong arguments have saved numerous cases that had been denied. If you would like to talk to us about an appeal of a denial of a PERM labor certification application or a motion to reconsider, please contact us.
PERM labor certification is an extremely complicated procedure and time-sensitive. We recommend that you consult with an experienced and responsible immigration attorney. We have successfully represented many PERM cases. If you would like to contact us, please telephone us at (713) 771-8433 or visit us at one of our six locations. You can also contact us conveniently online by emailing us at info@hooyou.com. Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service.
For more information on PERM labor certification, please refer to the following links: