Written by attorney Shah Peerally

Two PERMs from Same Employer

On September 16, 2016, in Matter of Allianz-9-22-16, BALCA upheld the Certifying Officer’s (CO) denial where the employer had filed two PERM applications for the same employee with “substantially comparable job duties,” noting that in accordance with 20 CFR §656.24(e)(6), an employer is not permitted to have more than one labor certification actively in process for the same foreign worker in the same job opportunity.1 In this case, the employer submitted a PERM application for a “Paralegal and Legal Assistant.” The application was denied, and the employer filed an appeal. In 2011, while the appeal was pending, the employer submitted a second PERM application for the same employee for the position “Senior Legal Assistant; Compliance Mutual Fund Specialist.” The CO denied the second application, citing 20 CFR §656.24(e)(6).

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