May a Labor Certification filed traditionally or through Reduction in Recruitment be re-filed under PERM?
If a job order has not been placed for a pending, non-PERM labor certification application, the application may be re-filed under PERM without loss of the priority date under certain conditions. In order to re-file and maintain the priority date, the PERM application must be submitted pursuant to all PERM requirements and it must contain an identical job opportunity. In order to re-file under PERM and preserve a priority date from an earlier case that has not been assigned a job order, the original labor certification application must also be withdrawn. Please note that filing an application under PERM and stating the employer’s desire to use the original filing date will be considered a withdrawal of the original application. This deemed withdrawal occurs even if the request to use the original filing date is denied. If a Traditional or RIR labor certification is withdrawn prior to filing a PERM application, preservation of the existing priority date requires that the PERM application
Related Questions
- My spouse’s employer has filed a PERM Labor Certification on his behalf. Shall I have my employer file a PERM Labor Certification application on my behalf as well?
- My spouses employer has filed a PERM Labor Certification on his behalf. Shall I have my employer file a PERM Labor Certification application on my behalf as well?
- How is the Labor Certification filed under PERM?
