Recently I came to know from my immigration lawyers that my PERM application got denied. Bit about my background: My employer filed my PERM application through Fragomen to DOL in May-2019 and in September-2019 Fragomen emailed me that I got an Audit from DOL and they sent Audit response within 2 weeks. In May-2020 I got an email from Fragomen that DOL has denied my PERM and it’s due to incorrect dates in my application. Immigration team scrwed up my application. My lawyers haven’t shared denial letter with me yet. Few things around this I didnt understand. If there is a discrepency in dates why did Department of Labor sent an Audit in Sept-2019? They could have straight up denied it but they didn’t. Not sure if lawyers are sharing correct information. My employer is planning to re file my PERM but without knowing accurate reason where it went wrong I am not sure what happens to my next PERM. I have only 2 years 3 months left on my H1B. Is there a chance of approval if I do a request for Reconsideration? Any suggestion on how should get my issue resolved? Appreciate all your responses Thanks! #workvisa #audit #Audit #rfe
Take it easy. Plenty of time to redo a new one. Happened to me too, almost exact situation as you but at a different company.
When the perm is denied, do you need to refile just the ETA 9089 or do you need to redo the prevailing wage determination/etc. as well?
The PWD is valid only for 6 months so they have to redo it if they dont file PERM within 6 months of receiving PWD
That is frustrating!
Update: I asked Fragomen to share Audit request and Response forms and also my PERM Denial letter and here is there response “I’m sorry for the delay in my response here. I wish to affirm that the audit questions were completely standard, as they are for other cases that were randomly targeted. The request is framed in a broad fashion, citing the applicable regulation and asking for all documentation requested in that regulation”. My manger and my HR team are cc’ed in this email and they are not bothered at ll regarding my concern :( Any suggestions on how to proceed next?
Fragomen sucks ass. Period. They messed up some things on my Form I-485. I suggest considering the reconsideration option. Also communicate the issue to your manager. Have your company put pressure on Fragomen. It worked well for one of my coworkers
My manager doesn’t understand the severity of this immigration situation. I mailed Fragomen to share my audit response, Denial letter from DOL and still no reply. I escalated it to my Director and Still no reply. I asked Fragomen to file for reconsideration and they said it’s not possible. I feel like I am total lost
Sorry to hear all that. I truly understand your frustration. I suggest you keep at it through your director and upper level management. You still have a while left on your H1B so don't worry too much now (I know it's difficult). Let them refile your PERM but this time keep in touch with them frequently to make sure they don't mess up again. Have you considered NIW?