The PERM Denial Decisions on Registration and ETA 9089 Filing

9/8/2005

When the PERM online program was launched, the system reportedly adopted two layers of decision making process: One is the decision by the computer itself, which is called PERM Decision Matrix, and the other is human adjudication by the Certifying Officers. The problem was that when a case was denied by the Computer Software, there was no procedure in place to notify the application filers of the denials. 

Accordingly, earlier filers have experienced a state of black hole not knowing the decision that their cases had been denied. People learned for the first time through the e-mail inquiry that their cases had been denied. It does not need a rocket scientist to figure out how many cases have been denied by the PERM Decision Matrix software system, mostly for technical or procedural issues, without receiving any notice of decisions.

Now unconfirmed sources indicates that the National Processing Centers in Atlanta and Chicago has just started the notification procedure in place and those cases which have been denied by such Matrix decision will receive a notice of denial in the mail.

The experiences indicate that the smaller and the more unsophiscated the employers are, the lesser risk of denials they experienced in the registration process. There are a number of reports that a large number of well known public and private employers had to experience pains of the silent denial, while smaller employers did not. The obvious explanation appears to be that the legal counsel's assistance at the initial step of filing of the registration was more involved with smaller employers than the large corporations or institutions. 

Smaller employers had to seek assistance from their lawyers every step of the way, while the large entities restricted the legal counsel's involvement because of their reluctance to divulge their Log In, Password, and PIN number, which are the issue of privacy. Worse yet, these "biggies" have received a request to submit the proof of their "existence." It sounds comic, but before the eyes of the law, there is no distinction between a giant billionaire and a meager business of just five digit figure assets when it comes to compliance with the procedures and the rules. Some may call it ridiculous, some may call it a justice, some may call it comic.

 

     

 

 

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