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Joel Stewart on PERM Labor Certification

Filing a New Case After Denial

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I think that everyone knows how the basics work. Under the pre-PERM rules, you have to wait six months to file a new case after receiving a denial. Under the PERM rule, you can refile immediately?



But what if you have a denial under the old rule, and you want to refile immediately under the PERM rule? Do you have to wait six months?



The answer is that you can refile under the new rule immediately, notwithstanding the fact that the old rule is still in existence. Althought the old rule and the new rule coexist, it is no longer possible to fie a new application under the old rule. 



Since the new rule provides for immediate refiling, you are able to refile immediately after receiving a denial under the old rule or under the new rule. Obviously, if your denile is for a case filed under the pre-PERM regulations, the new case will be a first-time filing under PERM!

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