It Ain’t Over till BALCA Sings: Carrying Your PERM Through the Final Act of Appellate Review
Many immigration practitioners have been there – the day the certifying officer (CO) at the U.S. Department of Labor (DOL) thrusts an unexpected obstacle in the dramatic saga we’ve all come to know as Program Electronic Review Management (PERM). The CO has denied PERM application, and prospects for certification post-denial look grim. (1) The denial might be due to any variety of factors, such as typographical error on the ETA From 9089, the CO’s misinterpretation of a given regulatory provision, or nothing more than DOL’s adjudication trends based on evolving interpretations of the regulations. No matter the reason for the denial, immigration practitioners should not give up too hastily, but rather, should keep in mind that their denied cases don’t have to be over until the Board of Alien Labor Certification Appeals (BALCA) rules on an appeal. This article will walk practitioners through the various appellate steps, including the initial case assessment, preparation and filing of motions to reconsider, as well as appeals for BALCA review. In the end, we are hopeful that practitioners will feel more comfortable in carrying their denials through the final act of appellate review.
(AILA’s Guide to PERM Labor Certification 319 (AILA 2011)