PERM Denials Mistakenly Issued for Failure to Respond to Audits

The American Immigration Lawyers Association (AILA) has been advised by the U.S. Department of Labor (DOL) that during April 2017, a number of PERM filings were inadvertently denied for failure to respond to audit requests, even though the employers had actually submitted timely responses via eMail. Any employer that has received such a denial, in spite of having timely responded, should file a request for reconsideration (RFR) with the DOL. The RFR should be accompanied by evidence that the audit response was filed on time.

Problem Caused Issuance of Second Audit Response Request for Some

The DOL also cautioned that, because of this issue, second audit response requests were sent to some employers that properly responded to the original audit requests. The DOL requests that any employer receiving such a request resubmit the initial audit response.

Conclusion

It appears the DOL experienced a technical problem, which led to these improper denials. AILA recommends that, rather than responding to audit requests via eMail, employers and their respective legal representatives use the upload feature now available on the DOL PERM case management system. More details on this feature are available in the MurthyDotCom NewsBrief, DOL Announces PERM Case Management System Enhancement (13.Apr.2017).

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