This set of DOL Frequently Asked Questions (FAQs) provides guidance to employers who wish to appeal an adverse decision on a PERM labor certification application. The guidance describes three avenues for seeking review of an adverse decision. These requests must be made within 30 days of the DOL decision.
- Request for Reconsideration by the DOL Certifying Officer, pursuant to 20 C.F.R. § 656.24(g)(1)
- Request for Review before the Board of Alien Labor Certification Appeals (BALCA), pursuant to 20 C.F.R. § 656.26(a)
- Request for Reconsideration by the DOL Certifying Officer, based on alleged Department Error
Depending on the specific language used in the cover letter of the employer’s appeal, DOL will assign the request to the appropriate "appeals queue."
Also see current FAQs on the OFLC FAQ web page.