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This presentation is intended for training use only and does not carry the force of legal opinion. The Department of Labor (Department) is providing this information as a public service. This information and any related materials are presented to give the public access to information on the Department’s programs. 

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What is the PERM Appeal Process?

Per 20 CFR 656.24(g), it is an opportunity for an employer to request a Certifying Officer (CO) reconsider denial of an PERM labor certification application (ETA Form 9089)  Per 20 CFR 656.26, it is an opportunity for an employer to directly request BALCA review a CO’s decision to deny an ETA Form 9089.

For more details please click the link for the presentation: 

BALCA Appeal Times as of January 08, 2016

Bottomline: BALCA appeals take approximately 3.5 to 4 years from the date the appeal is filed. 

- Appeals from PERM denials with BALCA office are currently taking about 3.5 - 4 years from date of docket

- Dockets are a few months backlogged right now - after BALCA receives the case from DOL, it takes about 5-6 months for them to issue the Docketing Notice

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.

The Analyst Review and Audit dates posted on iCERT reflect the month and year in which cases were filed that are now being adjudicated at the Atlanta National Processing Center. The Reconsideration Request to the CO dates posted on iCERT reflect the month and year in which cases that are now being reviewed at the Atlanta National Processing Center were appealed.  

PERM Processing Times (as of 08/15/2016)  

The new change to the PERM CMS will allow submission of electronic documentation beginning on and after 4/15/17 as announced by DOL.

Please use this User Guide which is designed for employers and attorneys/agents, describes the fundamentals of the Web-based system, including registering, logging in, preparing PERM application, and managing your user account. 

PERM Online System User Guide

On Tuesday, September 1, 2015, the Department implemented software updates to the Permanent Labor Certification Case Management System (CMS). An unexpected programming glitch occurred which impacted a small number of applications and resulted in the prohibition of certain information being entered onto the ETA Form 9089. The Department is working to correct this issue.

Until the revisions become operational, an employer who cannot complete and file an ETA Form 9089 online should mail in their application to the Atlanta National Processing Center at the following address:

The Department of Labor has published a Frequently Asked Question (FAQ) Round 13 related to preparing the required recruitment report for employers seeking labor certification under the PERM Program along with two "best practice" sample recruitment reports. The Round 13 FAQ is posted on the PERM Program Page on the Office of Foreign Labor Certification website at https://www.foreignlaborcert.doleta.gov/faqs_pdf.cfm.

In light of stakeholder input, which the Office of Foreign Labor Certification (OFLC) is considering, OFLC has temporarily removed from its website PERM FAQ Round 14 regarding Actual Minimum Requirements, originally published on March 6, 2017. OFLC will clarify and republish PERM FAQ Round 14 to provide additional information on its applicability to PERM applications and associated prevailing wage requests and determinations.

For more upcoming updates please visit this link.

These dates reflect the month and year in which cases were filed and are currently being adjudicated. The Reconsideration Request to the CO date reflects the month and year in which cases that are currently being reviewed were appealed.  

Please visit this page for PERM Processing Times (as of 10/31/2020)