PERM Denial due to PWD Expiry


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Hello everyone,

My PERM was denied because of 2 reasons.

One of the steps for recruitment were not done within the prevailing wage dates

Case was not filed before prevailing wage expired

My attorney's office is telling me that I can go for BALCA appeal since there was a ruling earlier that the requirement is that the first day of at least one form of recruitment must fall within the PWD validity period. In my case there were 3 started within the PWD validity period. So they are saying BALCA would overturn this case.

Can anyone shed some light on this? What are the chances that BALCA will overturn this?

And what is the time frame for a BALCA appeal to response?

Really appreciate any help!!!!

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  • 4 weeks later...


I am also in same situation . i received denial notice mentioning

Neither the earliest date listed for a recruitment step on ETA form 9089, 3/28/11 I.d.19 nor was the date the application filed 8/11/11 within the prevailing wage determination validity period of 4/14/11 to 7/13/11. this indicates the employer did not begin recruitment, nor file application during the prevailing wage determination period.

my attorney want to appeal for the decition .

colud please anyone let me know what are the chances getting approved for above reason

any help appreciate

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I don't want to discourage you but I don't see the point for Appeal. In your case it appears your employer started the recruitment process before PWD and did not file PERM before it was expired. BCLA has established that if the recruitment process starts before PWD, PERM must be file during PWD's validity period.

This article below explains it in detail.

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