What if the PERM Application is Denied or Ordered for Supervised Recruitment after Audit?
Denial: If the DOL issues an application denial after reviewing the employer audit file, PERM says that the employer can file a request for reconsideration within 30 days of the date of denial issuance. Also, a denial can be appealed to the Board of Alien Labor Certification Appeals (BALCA). After a denial of certification, there is not a waiting period imposed on employers under the final PERM rule. Unless ther is a pending request for review by BALCA (Board of Alien Labor Certification Appeals), a new labor certification concerning the duplicate job position and the same individual may be filed any time.
Supervised Recruitment: The certifying officer may order supervised recruitment or request additional evidence. If there is an order for supervised recruitment, any prior recruitment conducted before the PERM application was filed by the employer is employer filed its PERM application is ignored, and a new recruitment process is started under the supervision of the certifying officer.
(NOTE): In geographical areas and industries where there are large layoffs, supervised recruitment can be ordered without an audit. Also, in some circumstances, a supervised recruitment order may be issued for any future filings.