A company’s request for permanent labor certification was denied due to an untimely response to an audit request. The U.S. Department of Labor appeals board confirmed a certifying officer appropriately denied the company’s request. The company did not respond to an audit request within the specified timeline. As such, the company cannot pursue hiring a foreign full-time engineer.
The three-judge panel found the company incorrectly submitted new information along with their audit response. Permanent labor certification processes clearly stated new evidence cannot be considered after the initial submission. However, per the board, even if they could consider new information, the submission did not satisfy the issue.
The importance of timely filing a response, marked with the date of submission to prove timely filing, is critical for companies. The Immigration and Nationality Act clearly states it is the employer’s responsibility to ensure compliance with timelines and the related proof. Working with an experienced immigration law firm helps ensure these critical tasks are met in full compliance with existing laws.
If you have questions about labor certification or any other U.S. immigration related issue, contact us at ILBSG. Our team of experienced attorneys work directly with our clients to ensure they get the right advice and guidance to support the company’s goals.
