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July 30, 2005

PERM Denials

The Department of Labor has been addressing PERM decision logic issues that AILA has been bringing to its attention. As a result, it re-ran the cases already in its system--including those for which a denial notice has actually been sent--and a large number of previously-denied cases are now in processing for full review.

Thus, if you received a denial notice dated earlier than June 24, 2005, you can ignore that notice. Either the case is now being processed for full review or you will receive or have received another denial notice. This is true whether the case was filed electronically or by paper.

If you received a denial notice dated between June 24, 2005 and July 14, 2005, please check the PERM status screen for electronically filed cases. If the screen now shows a processing status (such as sponsorship, audit review, final review, etc.), you can ignore the denial notice. You will eventually receive something else--either a new denial, an approval or an audit letter. If, however, the screen still shows the status as denied, or if your application was filed in paper form, DOL asks that you hold off on filing an appeal for 2 weeks until you see if you get another, corrected denial notice. DOL will allow 60, rather than 30 days, for appeal of cases with a denial letter dated between June 24, 2005 and July 15, 2005 to give employers adequate time to receive any possible updated denial notices.

Posted by VisaLawyer at July 30, 2005 01:01 PM

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