Receiving a PERM labor certification denial can be frustrating and disheartening, especially after investing considerable time and resources into the process. However, a denial doesn’t necessarily mean the end of your efforts to sponsor a foreign worker for permanent residency. With strategic guidance from an experienced NYC immigration attorney, you may be able to overcome the obstacles and secure the outcome you need.
Understanding PERM Denials: Common Reasons
The U.S. Department of Labor (DOL) could deny a PERM application for various reasons. Some common ones include:
- Recruitment Shortcomings: The DOL might deem the recruitment efforts insufficient to demonstrate a genuine lack of qualified and available U.S. workers. This could involve issues with advertisement placement, narrow job descriptions, or unreasonable disqualifications of applicants.
- Prevailing Wage Discrepancies: If the offered wage in your PERM application falls below the prevailing wage determination (PWD) issued by the DOL, the application may be denied.
- Employer’s Financial Inability: If the DOL finds that your business doesn’t demonstrate the financial ability to pay the offered wage, they could deny the PERM.
- Audit Non-Responsiveness: Failure to provide requested documentation in a timely manner during a PERM audit typically leads to a denial.
How a NYC PERM Attorney Can Help with Denials
Facing a PERM denial doesn’t mean you have to abandon your sponsorship goals. A skilled NYC immigration attorney can help in the following ways:
- Analyzing the Denial Notice: Your attorney will meticulously review the DOL’s denial reasons to identify the specific grounds cited. This analysis is crucial for determining the best course of action.
- Assessing Options: Depending on the reason for the denial, you might have the following options:
- Request for Reconsideration: If you believe the DOL’s decision was based on an error of fact or law, you can file a Request for Reconsideration within 30 days of the denial. Your attorney can assist with compiling strong evidence to support your arguments.
- Appeal to BALCA: If your Request for Reconsideration is denied or you don’t receive a response within 30 days, you can appeal to the Board of Alien Labor Certification Appeals (BALCA). Appeals require complex legal arguments and adherence to strict BALCA procedures, necessitating an attorney’s expertise.
- Refiling the PERM: In some cases, refiling a new PERM application with corrections or adjustments based on the DOL’s feedback may be the best strategy. Your attorney can advise on whether this is wise in your specific situation.
- Strategic Guidance: An experienced immigration attorney can offer valuable insights based on the reason for your denial. They can help you modify recruitment strategies, address potential issues with the job description, or gather stronger documentation of your company’s financial standing.
- Audit Preparation and Response: If your PERM denial stems from an audit, your attorney will work closely with you to gather the necessary documentation and respond swiftly and effectively to the DOL’s concerns.
Benefits of Working with a NYC Attorney on PERM Denials
- Deep Knowledge of PERM Regulations: PERM rules are complex. NYC immigration attorneys specializing in employment-based immigration have in-depth knowledge of the regulations, prevailing wage rules, and recruitment requirements. They can pinpoint compliance issues and help you avoid common pitfalls.
- Experience with DOL and BALCA: Attorneys who regularly handle PERM denials are familiar with DOL procedures and how to effectively present cases before BALCA. This experience significantly improves your chances of success.
- Reduce Stress and Uncertainty: Navigating the appeals and reconsideration processes can be overwhelming. An attorney will manage the paperwork and deadlines, letting you focus on your business operations.
Proactive Steps to Minimize the Risk of PERM Denial
While denials can happen, proactive measures can significantly increase your chances of a successful PERM application from the outset:
- Partner with an Attorney Early: Involve a NYC immigration lawyer at the beginning of the PERM process, ensuring your job description and recruitment plans are compliant.
- Meticulous Documentation: Maintain detailed records of your entire recruitment process, including advertisements, applications, and reasons for disqualification of U.S. workers.
- Accurate Prevailing Wage Request: Work with your attorney to ensure the information submitted for a prevailing wage determination (PWD) from the Department of Labor (DOL) is accurate and aligns with the job opportunity.
- Stay Up-to-Date: Immigration laws and regulations can change, so it’s crucial to stay informed or work with an attorney who monitors these updates.
Partnering with Oltarsh & Associates, P.C.
At Oltarsh & Associates, P.C., our NYC immigration attorneys have extensive experience navigating PERM denials. We thoroughly analyze your case, develop a personalized strategy, and tenaciously advocate for your rights in reconsiderations, appeals, or refiling processes. Let us help you get your sponsorship goals back on track.
Don’t let a PERM denial derail your plans to secure the talent your business needs. Contact Oltarsh & Associates, P.C. today for a consultation and start exploring your options for a successful outcome.
