Can I challenge the PERM denial at the DOL?

PERM is the initial step of the immigration process for the EB‑3 visa and involves the labor market certification process with the U.S. Department of Labor. In case the PERM is denied, it is natural to have questions about the available alternatives, especially for those who do not deal with immigration issues daily.

As a rule, the DOL’s decision regarding PERM is considered final, and opportunities for contesting are quite limited. If the employer believes there was a material error or a misinterpretation in the case analysis, it is possible to request reconsideration. This request must be made following the deadlines and criteria stipulated in the official guidelines, which are usually quite detailed. It is important to remember that, even though this possibility exists, success rates are generally low and many cases do not achieve the desired outcome.

In some scenarios, if the PERM denial is based on formal failures or on documentation that can be reviewed, it may be more feasible to gather new evidence and, if applicable, restart the process with the necessary corrections. Therefore, it is essential to carefully verify the reason for the denial and compare it with existing regulations to identify if an actual error indeed occurred.

In general, acting according to the United States immigration laws is fundamental. If you or your employer are considering appealing or reopening the case, it is prudent to seek guidance from professionals with proven experience in this area. This specialized guidance helps avoid possible pitfalls or marketing campaigns promising miraculous solutions and guaranteed results, which do not match the complexity and nuances of immigration processes.

Each situation is unique and, even though there are alternatives to contest a DOL decision, it is important to carefully analyze all options and make informed decisions, always respecting the current legislation.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.