The Department of Labor (DOL) has begun denying Permanent Labor Certification (PERM) applications, raising concerns among immigration attorneys. Reports suggest that these denials are based on interpretations of the ETA 9089 form that were previously accepted but are now deemed unacceptable, with no prior notice of the changes.
Key Details:
- DOL denials are occurring for PERM applications filled out in a manner consistent with past practices.
- The ETA 9089 form contains questions that allow for multiple interpretations, complicating the application process.
- Appeals are currently underway as attorneys seek clarification and resolution on these denials.
- The average processing time for PERM applications is approximately 2.5 years, meaning a denial can significantly delay an applicant’s immigration timeline.
This situation highlights the growing unpredictability of the PERM process, prompting individuals to consider alternative immigration options such as the National Interest Waiver (NIW) or O-1 visa to maintain their H-1B status.
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Source: Amber G. Davis