NOFs In PERM
At first glance, the PERM rule makes no provisions for Notices in Findings (NOFs). However, it appears more and more that PERM is RIR is new clothes, and NOFs appear to be making a comeback in a new guise - the "Motion to Reconsider" (MTR). Due to numerous well-known errors with the PERM software, automatic denials of substantively approvable labor certification applications are common. Many time, such denials are purely the result of data entry errors, errors that in the pre-PERM regulations were considered "harmless" and not a barrier to certification. DOL appears to understand that many users of the PERM system are frustrated with this situation, and is apparently encouraging attorneys to file MTRs to reverse the denials. Anecdotal evidence indicates that MTRs have a very high certification rate, and that a large number of problems in PERM applications can be handled through the MTR method. One must bear in mind though, that MTRs do not have the regulatory timings and due process safeguards that NOFs had in the pre-PERM regulations. However, in practice, MTRs appear to be working just about in the same way that NOFs did in the past. Attorneys with denied but approvable cases may want to consider using MTRs aggressively. Immigration Daily will continue to keep our readers on top of PERM matters.
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