US DOL Explains Why PERM Applications Denied
Posted by Jeff Xie on April 24, 2005 at 13:45:27
U.S. Department of Labo provides why some PERM applications were denied: Many members have reported getting a result of “denied” when they check the automated case status system. It was at first suspected that these denials were a system error, but DOL, upon review, believes that they are, in fact, denied cases. But rather than being denied on what attorneys might consider substantive grounds, they are denied because of PERM’s highly rule-based system, which will automatically and more or less immediately deny on certain bases. Some of the bases that have been identified by DOL that have been causing this spate of denials are: • Prevailing wage determination dated prior to March 8, 2005. DOL takes the position that only determinations dated March 8 or after can be used. • The SWA job order must have been for at least 30 days. Many job orders were opened in February, which was a 28-day month this year. Thus, for example, if a job order is listed as having run from 2/14 to 3/14, that period would have fallen short of 30 days. • At least 30 days must have elapsed since the end of the recruitment period. Apparently, a number of applications have been submitted before the 30 days have run. • DOL was less straightforward about this point, but it does appear that, if a registration of an employer was made from the attorney’s computer rather than the employer’s, a denial could result. If an employer does not have internet access, DOL suggests that the paper filing, rather than the electronic filing, system be used. • Answering “no” to the question of whether the job has been offered to the foreign national listed as beneficiary on the application. DOL emphasizes that the PERM electronic system is rule-bound, and can be quite unforgiving. Thus, a lot of denials are happening until people get used to the system. Unfortunately, none of the letters explaining the reasons for the denials have been generated yet, so no one has gotten feedback to explain the denials. However, if you have received a “denied” status message, you may wish to review the application for one of these factors. Note that the clock won’t start on appeal periods, etc. until the written notice is actually issued. Cite as "Posted on AILA InfoNet at Doc. No. 05042245 (Apr. 22, 2005) ."
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