The Revocation Process of a Permanent Labor Certification, PERM, PERM Revocation Process, Permanent Labor Certification

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The Revocation Process of a Permanent Labor Certification

Hi William,

My employer received a "Notice of Intent" from U.S. Department of Labor (DOL), for revocation of a Permanent Labor Certification for my PERM application. What we can do for this notice?

Answer,

A Permanent Labor Certification can be revoked by the Department of Labor (DOL) if it is found to have been unjustified or was obtained through fraud or willful misrepresentation. The DOL must first issue a Notice of Intent to Revoke to the employer, stating the grounds and giving the employer a chance to submit a rebuttal. If the employer fails to respond or if the rebuttal is unsuccessful, the DOL can issue a final revocation notice.

DOL may take steps to revoke the approval of a permanent labor certification if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke (NOIR) that contains a detailed statement of the grounds for the revocation of the approved permanent labor certification and the time period allowed for the petitioner’s rebuttal.

The petitioner may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the petitioner, the NOIR becomes the final decision of DOL. If the petitioner files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the petitioner may file an appeal within 30 days of the date of the adverse determination. If the permanent labor certification is revoked, DOL also sends a copy of the notification to USCIS and DOS.

The revocation process of Permanent Labor Certification:

1) Notice of Intent: The DOL sends a written notice explaining the reasons for the revocation and providing a deadline for the employer to respond.

2) Employer's response: The employer has a specific period (e.g., 30 days) to submit evidence and a rebuttal to the notice.

3) Final decision: The DOL will review the evidence and make a final decision: If no rebuttal is filed, the notice becomes a final decision. If a rebuttal is filed, the DOL will notify the employer of its decision within a specified timeframe.