Filing a Second PERM Labor Certification Application for the Same Employee

October 25th, 2016

In Matter of Allianz Global Investors of America, BALCA upheld the Certifying Officer’s (of the Department of Labor) denial where the employer filed two PERM applications for the same employee with substantially similar job duties, referring to 20 CFR§656.24(e)(6), which states that the employer is not allowed to have more than one labor certification pending for the same foreign worker in the same job opportunity.

The best practice when filing a second PERM for an employee in the same occupation is to first withdraw the first one (preferably online, it is quick and easy).