10/4/2006

The DOL's policy is that when the same employer files a second PERM application for the same employee when there is a prior PERM application filed by the same employer for the same employee which is still pending or approved, National Processing Centers automatically deny the second PERM application. DOL intends to change this practice, but until such change is materialized, the DOL will continue its current policy not allowing more than one PERM application certifications for the same employer and same employee in the following manner.

If the employer has already obtained certification of one PERM application and filed a second PERM application, the National Processing Center will continuously deny the second application. Once the second PERM application is denied such, the employer can file a motion to reconsider the denial, but such motion will not be considered unless the employer first files the request to withdraw the first certified PERM application and surrender the "original" certified PERM application form, ETA 9089. 

If the employer has already obtained certification of one PERM application, but wants to file a second PERM application, the employer is required to withdraw the certified first application and surrender the original certified ETA 9089 before the employer can file the second PERM application. Otherwise, the second PERM application will be denied. 

If the employer has filed a PERM application which is still pending, and if the employer wants to file a second PERM application, the employer must file a request for withdrawal before filing a second PERM application. Otherwise, the second application will be denied.