I received a decision of my labor certification application for what I believe is a Department error. How should I file an appeal claiming a Department error?
In general, a Department error may be a denial due to a data entry error or a denial for failure to respond to an audit where the employer has proof of its audit response or proof it never received an audit request letter. If you believe your application was inadvertently denied on this type of basis, the employer’s cover letter must clearly state that the basis for the appeal is an alleged Department error. The Department suggests a brightly colored cover sheet stating that the appeal is being filed because the employer believes that the Department error is the sole reason for the denial. If accepted as a Department error, the appeal will go to the Department error appeals queue and be processed accordingly.
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