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Labor Certification Under PERM - Frequently Asked Questions

67.

Is there a time limitation for revocations?

No, a time limit has not been imposed on the authority of Certifying Officers to revoke labor certifications.

68.

What is invalidation?

The Department of Homeland Security and a Consul of the Department of State have the authority to invalidate an issued labor certification if a determination is made, either in accordance with the agencies' procedures or by a court, that fraud or willful misrepresentation of a material fact involving the labor certification application exists.

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69.

Is the employer permitted to request a review by the Certifying Officer of a National Previaling Wage and Helpdesk Center (NPW HC) prevailing wage determination?

Yes, the employer may request a review by the Certifying Officer of a NPW HC prevailing wage determination by sending a request for review to the NPW HC that issued the prevailing wage determination within 30 days of the date of the determination.

70.

Is the employer permitted to request a review of the Certifying Officer's prevailing wage determination?

Yes, the employer is permitted to request a review by the Board of Alien Labor Certification of the Certifying Officer's prevailing wage determination by submitting, in writing and within 30 days of the date of the decision of the Certifying Officer, a request to the Certifying Officer who made the determination.

71.

What recourse does the employer have in the event a labor certification is denied or revoked?

If a labor certification is denied or revoked, the employer may make a request for review to the Board of Alien Labor Certification Appeals (BALCA) by submitting, in writing and within 30 days of the date of the determination, a request to the Certifying Officer who denied or revoked the application.

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