123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Withdrawal Of Perm Application May Bring Consequences For Employer

Profile Picture
By Author: Paul Anderson
Total Articles: 91
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

Department of Labor now has new policies for two different situations which involves in the withdrawal of PERM application. This might bring little unfavorable consequences to the employer.

First up, when the audit of the PERM application is under progress employer may be withdrawn, but the audit process will continue. DOL has requested in many audits and now subjected the employer for inspection. Employer might have not conducted advertising and recruitment correctly, so they fear to provide documentation and withdraw the PERM application.

PERM Audit Procedure

Certain PERM application randomly picked for the audit and quality control purposes.

1. If an application is selected for the audit process, the certifying officer shall issue an audit letter. The audit letter will include, what all documents must be submitted by the employer, date by when required documents must be submitted (30 days from the date of audit letter). If the required documents are not submitted with specified dates. Failure to provide the requested documents may exhaust available administrative remedies.

2. If the ...
... employer doesn’t submit the required documents under section 656.24 application will be denied. Certifying officer will ask the employer to conduct supervised recruitment under section 656.21 for next year before any other new filing of PERM process.

If a PERM application is selected for audit procedure, the employer cannot claim that application is no longer valid. In some cases employer might have a valid reason in withdrawing the application, such as lack of interest, cost consideration, unavailability of the alien worker and different business strategy. If the reason is not known for the withdrawal of the application or even refuse to cooperate with an audit process, employer shall be penalized.

In other case the Certifying officer can select for the supervised recruitment once selected employer must file all new applications for the same alien under supervised recruitment. Procedure involved in is by mailing PERM application to DOL and leaving the Part “I” in blank.

What if the employer wants to withdraw undergoing Supervised Recruitment?

OFLC/ANPC has the authority in granting employer’s withdrawal request while application is undergoing supervised recruitment. In future application for the same alien worker whose application was withdrawn it has to be filed under supervised recruitment pursuant to 20 CFR 656.21. OFLC/ANPC determines whether all the application for the same job opportunity and application for the same alien worker should be filed under supervised recruitment. Then the employer must use ETA Form 9089, except Section I, Recruitment Information for the same alien worker or for the same job opportunity. The employer must file the above referenced application by mail to the Atlanta National Processing Center at the following address:

U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Attention: Supervised Recruitment Certifying Officer
P.O. Box 56625
Atlanta, Georgia 30343

If the application is withdrawn repeatedly from the employer which is undergoing supervised recruitment shall be review carefully and employer may be debarment from the permanent labor certification program for a reasonable period of more than 3 years pursuant to 20 CFR 656.31(f)(1)(v).

US Citizenship is not legal advice site, but it’s a place for all immigration related issues. Where in you can fill the forms on either immigrant visa (Green Card Renewal, US Citizenship, Passport many more) online. We will make sure your form is 100% error free, before you submit to USCIS (formerly INS).

Total Views: 165Word Count: 557See All articles From Author

Add Comment

Legal Articles

1. Iim Bangalore, Iit Madras Release Joint Report On India’s Evolving Startup Incubation Landscape
Author: Dev kumar

2. How Non-canadians Can Enter The Us From Canada
Author: Hardik Shah

3. Cyber Crime Lawyer In Ahmedabad - Advocate Deepak: Leading Expertise In Digital Justice
Author: Advocate Deepak

4. Us Visa Interview Waiver - Know In And Out
Author: Hardik Shah

5. From Suffering To Success: How To Find Your Belmar Slip And Fall Lawyer
Author: blognerdzone

6. Best Cyber Crime Lawyer In Noida – Advocate Deepak
Author: Advocate Deepak

7. Importance Of Business Reforms Action Plan 2024 For Ease Of Doing Business
Author: Dev kumar

8. 2026 Diversity Visa Lottery Opens For 55,000 Green Cards
Author: Berd & Klauss, PLLC

9. Canadian Citizenship Police Certificate: A Detailed Guide
Author: Hardik Shah

10. How Long Do You Have To File An Injury Claim In Dallas County: A Comprehensive Guide
Author: Morgan Scott

11. Essential Advice For Divorce In The Uk: What To Expect From Your Lawyer
Author: Rainer Hughes

12. Bail Lawyer In Cyber Crime Case In Delhi – Advocate Deepak: Your Trusted Legal Partner
Author: Advocate Deepak

13. Chicago Personal Injury Lawyers
Author: Paul M. Marriett

14. The Bruner Law Firm
Author: Vince Bruner

15. Bail Lawyer In Cyber Crime Cases In Noida: Advocate Deepak
Author: Advocate Deepak

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: