Navigating the intricate pathways of U.S. immigration can be challenging. One such critical path is the PERM Labor Certification, a significant step for foreign nationals seeking employment-based green cards. However, what can one do if faced with a denial? Dive into our comprehensive guide below to understand and overcome PERM Labor Certification rejections.
1. Understand the Basics
The process of obtaining a green card through an employer generally comprises three steps:
Step 1: File the PERM Labor Certification with the US Department of Labor to prove no US workers are adversely affected by hiring an immigrant.
Step 2: File the I-140 Immigrant Petition with the US Citizenship and Immigration Service.
Step 3: Apply for Adjustment of Status.
But what happens when your PERM, which is the first crucial step, gets denied?
2. Understand the Denial Reasons
When the Department of Labor denies your PERM application, they typically provide reasons. Common reasons include incorrect entries on the ETA 9089 form, mismatches between job descriptions and actual requirements, and deficiencies in the recruitment process.
3. Request Reconsideration
If you believe the Labor Department erred in their denial, sponsoring company can request a reconsideration within 30 days of receiving the denial notice. It is important to ensure that reconsideration request includes a detailed explanation and any evidence supporting your claims.
4. Consider Appealing
If your reconsideration is rejected, you can appeal to the Board of Alien Labor Certification Appeals (BALCA). However, note that once you initiate an appeal, you are barred from filing a new PERM application until BALCA delivers a verdict. Weigh the benefits: is it faster and more efficient to appeal, or to refile?
5. Explore Alternative Options
If all else fails, consider alternative immigration routes. You might:
– Refile the PERM under a different job position, if applicable.
– Opt for self-petition such as the National Interest Waiver in the EB-2 category.
– Explore opportunities for investment-based petitions.
6. Keep Perseverance Front and Center
The journey to green card status via employment is often fraught with challenges. The key is preparation, attention to detail, and persistence. Think of your PERM application as a delicate structure; if one block is out of place, the whole can falter. But with the right guidance, support, and attitude, you can navigate the process successfully.
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please don’t hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.