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LC denied : Appeal or new PERM ?
- Thread starter juju1973
- Start date
whitemimauz3
Registered Users (C)
Can you post here what does last page of reasons denial letter says
The appeal may take long time, it is better to start all over again with a new PERM EB-3.
For PERM application, the employer must establish that the job requirements in the labor certification application, and the employer must also establish that their job requirements in the application are "essential" to perform, in a reasonable manner, the job duties as described by the employer in the application. See http://www.greencardapply.com/news/news05/news05_0813.htm
For PERM application, the employer must establish that the job requirements in the labor certification application, and the employer must also establish that their job requirements in the application are "essential" to perform, in a reasonable manner, the job duties as described by the employer in the application. See http://www.greencardapply.com/news/news05/news05_0813.htm
It looks like that DOL has denied my PERM application based on the agency's incorrect/erroneous belief that the recruitment was not conducted according to regulations and that the special skills required for the position are not normal from a minimum requirements perspective.
Concerned4us
Banned
An appeal might be a better choice because it is unlikely that you could get through LC in this economy especially for EB3. In all likelihood, the EB2 filing did not meet the required standards and might have slid through in the past but did not since the increased scrutiny due to the abuses that had been occurring.
whitemimauz3
Registered Users (C)
Justification for job (education and experience) above dol specified requirements should be provided along with recruitment and audit report to sustain, if it falls short you run the risk of PERM not being Certified
Reasons for denial
Hi,
Today I received a copy of the denial notice with the reasons for the denial.
But my lawyer believe that the reasons for denial are incorrect and contrary to existing regulations and caselaw. He has already provided sufficient documentary evidence to DOL that the newspaper advertisements for the PERM recruitment were published as required.
My lawyer thinks it is better to re-start a PERM because it will take 1.5 - 2 years to get the current LC approved. It is not even sure it will be approved...
But my visa L1-B is up in October 2009 and he is filling an H1-B extension until October 2010 for April. I am not sure the timeline is right for an appeal or starting a new PERM.
Denial Reason #1 : The employer failed to provide adequate documentation of the mandatory print advertisement as requested in the Audit notification letter. Specifically, the employer failed to provide copies that contain both the name of the newspaper and the date the ad was published
Denial reason#2 : the employer failed to provide adequate documentation of the additional recruitment steps for professional occupation as required in the audit letter notification. The employer indicated in item I.d 17 of ETA Form 8089 that it used web site other than the employer’s to advertise the job opportunity. However, the employer failed to provide copies of the web pages generated in conjunction with the newspaper ads.
Denial Reason #3 : the aliens’ qualifications as listed in the application demonstrate the alien does not meet the requirement.
Hi,
Today I received a copy of the denial notice with the reasons for the denial.
But my lawyer believe that the reasons for denial are incorrect and contrary to existing regulations and caselaw. He has already provided sufficient documentary evidence to DOL that the newspaper advertisements for the PERM recruitment were published as required.
My lawyer thinks it is better to re-start a PERM because it will take 1.5 - 2 years to get the current LC approved. It is not even sure it will be approved...
But my visa L1-B is up in October 2009 and he is filling an H1-B extension until October 2010 for April. I am not sure the timeline is right for an appeal or starting a new PERM.
Denial Reason #1 : The employer failed to provide adequate documentation of the mandatory print advertisement as requested in the Audit notification letter. Specifically, the employer failed to provide copies that contain both the name of the newspaper and the date the ad was published
Denial reason#2 : the employer failed to provide adequate documentation of the additional recruitment steps for professional occupation as required in the audit letter notification. The employer indicated in item I.d 17 of ETA Form 8089 that it used web site other than the employer’s to advertise the job opportunity. However, the employer failed to provide copies of the web pages generated in conjunction with the newspaper ads.
Denial Reason #3 : the aliens’ qualifications as listed in the application demonstrate the alien does not meet the requirement.
Concerned4us
Banned
I think reason #3 indicates that the petition should have been filed in Eb-3; previously many reportedly slipped by that are similar to those now being denied. Blame the lawyers that gave seminars on how not to find a willing and qualified US citizen for a job.
I suspect that your attorney is advising you to restart in EB-3 based on response #3.
I suspect that your attorney is advising you to restart in EB-3 based on response #3.