PERM Denied - Request for Reconsideration


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PERM was denied, reason for denial given is employer is tailoring the job to suit the foreign national.

Two applications were filed for two aliens for same job with different alternate acceptable job experience.

(One of the alternate jobs acceptable was different among many listed in section H 10-B of ETA form 9089).

A request for reconsideration is being filed

What’s the best way to handle this?

How long does it take provided the officer reverses his decision?

What are chances that the officer will reverse his decision?

What is the time line if the case ends up going to BALCA?

Thanks for all your help

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A review by a qualified attorney would help you to decide whether to go forward with the RFR or just start the process over. Starting over sounds like it may be a good idea in this situation, but I would need to review the entire file to make a clear suggestion on this. Of course you will need the cooperation of your employer in supplying documentation and making a decision as to which option to take.

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