Can a case be converted to PERM?
Only existing Labor Certification applications for the “identical job opportunity” may be re-filed under PERM’s new procedures. The final rule defines this term as applications which have the same employer, alien, job title, job location, job description and minimum requirements, including changes made in response to an assessment notice from the SWA prior to PERM’s effective date of March 28th. The final rule defines this term as applications which have the SAME employer, alien, job title, job location, job description and minimum requirements, including changes made in response to an assessment notice from the SWA prior to PERM’s effective date. With respect to withdrawing and re-filing existing applications under PERM, the DOL has now decided to allow an employer to withdraw the application, re-file under PERM and retain the priority date established in the original application. But the priority date may only be maintained if no recruiting has yet occurred. That basically means prio
