PERM denied... Should I file a new PERM or appeal?


arrowhead

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I just found out that my PERM was denied after sending the audit response about 7 months ago. In the job ad, it says "Send your resume to [person's name]@[company name].com" so it's clear for the readers to identify the company and the address of the company location listed on the website. Here are the denial reasons:

Denial Reason #1: The job order placed with the State Workforce Agency (SWA) serving the area of intended employment does not contain the name of the employer

Denial Reason #2: The advertisement(s) placed in newspaper(s) of general circulation or in a professional journal do not contain the name of the employer

Denial Reason #3: The employer's advertisement does not contain the geographic area of employment for the job opportunity described in the ETA Form 9089 Section H.

Would it be better to refile PERM or appeal this case? If it should be appealed, should it be considered as a gov't error?

Thanks in advance.

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The attorney will assess the situation. It certainly appears that your employer did not have the assistance of an attorney in properly preparing the ads. In any event, YOU should not be involved in this and will not have any input into what is done. The attorneys are more than capable of working on this issue without your help based on advice from a forum. Use your head and follow the law.

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Originally posted by t75:

The attorney will assess the situation. It certainly appears that your employer did not have the assistance of an attorney in properly preparing the ads. In any event, YOU should not be involved in this and will not have any input into what is done. The attorneys are more than capable of working on this issue without your help based on advice from a forum. Use your head and follow the law.

t75,

I do agree with you that this is something that should be handled by the employer and the attorney. However, this was clearly a mistake made by the attorney as my employer was never given the instruction about putting the company name and the location in the ads.

I no longer believe that this attorney is capable of doing their job (or they actually care about my case) and that's why I'm spending my time posting this thread on the internet to get a second opinion from others before finding a new attorney.

In the end, this only affects my life and no one's gonna care about what really happens to my status. So I'm doing my own research and looking after myself.

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