PERM denied due to incorrect EIN

[DaveDave]

I have an issue regarding a PERM for an EB-3 and was hoping there is something that can be done about it.

The short version – My sponsor moved locations from California to Texas, which meant a new business entity and a change in EIN for their business. My PERM was rejected as the PWD paperwork had the California EIN, the PERM was submitted accidentally with the Texas EIN.

I have been told that there is no way to have this rectified and an appeal would potentially take 3 years! A new application would take about the same time, so an appeal seems pointless.

Is there any way to get around this and rectify this issue as it seems insane that I have to start again for what would be a 12 second fix. I have 3 days until the reconsideration time period expires.

Any help or guidance would be very much appreciated as this is causing my family and I a huge amount of stress and it is affecting our physical and mental health.

What would be the timescales for a reconsideration or submit a BALCA appeal?

What are the chances of success with either option?

Is my only option to start again?

Edited October 24, 2023 by DaveDave
spelling

[Attorney_22]

6 hours ago, DaveDave said:

I have an issue regarding a PERM for an EB-3 and was hoping there is something that can be done about it.

The short version – My sponsor moved locations from California to Texas, which meant a new business entity and a change in EIN for their business. My PERM was rejected as the PWD paperwork had the California EIN, the PERM was submitted accidentally with the Texas EIN.

I have been told that there is no way to have this rectified and an appeal would potentially take 3 years! A new application would take about the same time, so an appeal seems pointless.

Is there any way to get around this and rectify this issue as it seems insane that I have to start again for what would be a 12 second fix. I have 3 days until the reconsideration time period expires.

Any help or guidance would be very much appreciated as this is causing my family and I a huge amount of stress and it is affecting our physical and mental health.

What would be the timescales for a reconsideration or submit a BALCA appeal?

What are the chances of success with either option?

Is my only option to start again?

A PERM application requires a federal employment identification number, rather than a State specific EIN. If the federal number is correct, then it is possible you have an argument for a request for consideration. I recommend you speak directly with an attorney regarding this. However, it is difficult to win on a request for reconsideration so starting a back-up PERM is recommended.