DOL’s Rules about Multiple PERM Filings for the Same Person

About the PERM multiple filings, the DOL recently confirmed that if an employer has an APPROVED PERM application and files a second PERM for the same employee and a different occupation, the DOL will issue an audit requesting the return of the first application or an explanation of why there is a second application being filed and the first application can not be returned. The DOL is working on providing an FAQ which outlines acceptable situations where they will approve a subsequent PERM application.

The DOL also stated that if an employer has an APPROVED PERM application and files a second PERM for the same employee and the same occupation that the case will be auto denied. The DOL acknowledged that this poses a problem because there are valid reasons (e.g. change in worksite location) for filing a subsequent case and is working on this situation. In the meantime, the employer must either decide to withdraw the first case before filing the second case or file a motion to reconsider on the second case if it is denied explaining why it couldn’t withdraw the first case.

(12/25/2006)

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