Can Aliens Appeal Denials of PERM Applications?
Posted on May 04, 2009 Our colleagues, Gary Endelman and Cyrus Mehta, wrote a comprehensive article addressing appeal issues in PERM cases. David Pakula, Michael Piston, and Sam Udani were also cited for their extensive input. The article, called “What If I Don’t Agree?: Review of a Denial of a Labor Certification in Federal Court,” begins by opining the paradox that while the alien bears the burden of proof to establish eligibility for permanent residence under the Immigration and Nationality Act, the PERM regulation does not permit the alien to file an appeal of denial to BALCA or pay the Employer’s attorney to file an…
Related Questions
- I have heard that the PERM program will greatly speed up labor certification applications. Should I file my labor certification application now, or wait until PERM becomes available?
- How long will aliens have to wait for their employment-based applications to be adjudicated?
- Can Aliens Appeal Denials of PERM Applications?
