Dr. William:

My employer filed the online application of PERM Labor Certification for me about two weeks ago. But due to the new PERM procedures and some mistakes made by my company's Human Resource Office, my PERM Labor Certification was instantly rejected. I want to know what can I do now? and how to make an appeal?

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Answer: 

When your online application of PERM Labor Certification is denied, you employer can file an appeal within 30 days of written notice of denial, or your employer can just refile the PERM Labor Certification online or by mail. According to PERM regulation, there is no limit to the number of online refilings for the same case when it is denied. 

Generally, it is better to refile the application online rather than appeal it. Because if an appeal is filed, until the a decision is made, your employer will not be able to refile the case online. Also, an appeal can take long time and the result is unpredictable.

 

 

 

 

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