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Read MoreSome aliens have already filed labor certification applications with the prior-PERM system and the cases are pending with the backlog centers for processing. The PERM regulation allows the withdrawing and re-filing of cases (if a regular labor certification, the request must be done prior to the placement of a job order by the backlog office). An employer who successfully withdraws and re-files a pending application will preserve the original filing date. However, all re-filed cases must comply with all the requirements of the new PERM labor certification rules, including recruitment, minimum requirements, SVP, business necessity, audit procedures and prevailing wage. In addition, if there is any change (anything that is not “identical” to the pending labor certification) in the conversion filing of PERM, the DOL will consider it as a new filing and will not carry over the original priority date. Most importantly, since manual operation is involved in comparison of old and new filing cases, a conversion case will take much longer time than a regular PERM case.
With consideration to the delay of timeframe and risk of losing priority date, it is generally not recommended to file a conversion request. Rather, the current DOL regulation does not prohibit an employer from filing a totally new PERM case for the same alien who has a pending Labor Certification in the pre-PERM system filed by the same employer. Therefore, if the priority date is not an overwhelming concern, we generally would recommend to file a new PERM case, not a conversion case. For your particular situation, please consult an experienced attorney.
PERM labor certification is extremely complicated procedure. We recommend that you consult with an experienced and responsible immigration attorney. In Z&A, our experienced attorneys have been closely following and studying the changes and development of PERM process. We have successfully represented many PERM cases. If you would like to contact us, please telephone us at (713) 771-8433 or visit us at one of our six locations. You can also contact us conveniently online by email us at info@hooyou.com. Our attorneys will use their experience, expertise, and teamwork to ensure high quality service.
For more information on PERM labor certification, please refer to the following links: