PERM Rejected Due to Familial Relationship not disclosed

[andrejvoronin]

Hello,

I have a very specific case in which I am looking for help on this wonderful forum.

My PERM was initially approved by DOL and USCIS and then the US embassy in my home country turned it back to USCIS because a family relation was not disclosed previously in my ETA 9089. This is for EB-3 unskilled job where I have been working for this employer (distant cousin of my family) for over 7 years in my home country.

Seeing the refusal, can I re-apply for a new PERM and disclose correctly my family relation? Or will I get haunted by the previous mistake? The mistake was done in good faith as our attorney was not aware of the family relationship.

Thank you in advance,
Andrej

 

[whitemimauz3]

You can refile PERM with same company as long recruitment is not compromised i.e unduly favored you, it should be fine. Your employer should truthfully disclose familial relationship.

What matters is DOL should know of relationship if any, and relationship if any should not in itself be subject to denial as long as relationship is truthfully disclosed and recruitment process is not compromised or unduly favored you.