Perm denied.. need help


Recommended Posts

I am posting this on behalf of my friend. He used 6 years (Jul 2007 - Jul 2013) of H1B. He applied for labor in Nov 2012 (6th year of H1B). So he is not eligible for H1B extension. He applied for MBA (F1) in Jul 2013. Now the change of status application (H1 to F1) status is pending with USCIS.


This week he got PERM denial notice from USCIS. The denial reason is..


Denial Reason:


The Notice of filing for the application for permanent employment certification directs applicants to provide any documentary evidence on the application to the employment service office AND/OR the regional certifying officer of the depart of labor(Atlanta Processing Center, DOL-ETA, Harris Tower, 233 Peachtree Street, Suite 410, Atlanta GA 30303); thus, giving prospective applicants the "options" of where to provide any documentary evidence on this application. This is in violation of regulation 20 CFR 656.10(d)(3)(iii), which states "the notice must provide the address for the certifying officer". Although the notice contains the appropriate address of the appropriate certifying officer (Atlanta National Processing Center, HArris Tower, 233 Peachtree street Suite 410, Atlanta, GA 30303); giving an option of where to provide the documentary evidence is the misrepresentation that the evidence can be sent to either location, which is in violation of the regulation.


AUTHORITY FOR DENIAL: pursuit to the department's regulations at 20 CFR $656.10(D)(3)(iii), the notice must provide the address of the Atlanta Certifying Officer.



1. Can we challenge this decision?

2. What other options my friend has (for this labor)?


Thanks in advance for the help.

Link to comment

In general, the Department of Labor and Board of Alien Labor Certification Appeals (BALCA) are taking a very strict interpretation to the regulations on the Notice of Posting. 


It would be wise for your friend's employer to consult with an attorney who has the opportunity to review the document in question, before deciding how best to proceed.

Link to comment


This topic is now archived and is closed to further replies.