The Department of Labor (DOL) will be reviewing PERM program regulations since it’s launch 10 years ago. Currently, PERM applications must be perfect prior to submission pursuant to recent case law. For example, a case where the employer’s attorney listed the wage as $10.04 as opposed to $10.14 was denied in spite of the fact that only the PERM form was erroneous (“Sushi Shogun”)


Prior to the implementation of PERM regulations, there was a harmless error rule and the DOL would re-open a case if they found a small typographical error. Now, PERMS must be perfect. Any error found will provide a basis for rejection and refilling a case, costing the employer thousands of dollars and the loss of precious time. Most PERMS these days are filed to extend an H-1b visa, and a PERM denial can have a devastating effect on one’s ability to extend their H-1b visa. We hope therefore, that in it’s review of the PERM program, the DOL will re-write regulations addressing the ability to correct nonmaterial errors in the PERM application so that employers will not suffer consequences that our out of proportion to the mistake.