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Motions to Reconsideration and Appeals Under the PERM Rule

By Joel Stewart

The original PERM rule in 2005 stated that if an application is denied, the employer may file a Motion to Reconsideration (MTR). Interestingly, the Employer could not include any evidence that was not previously submitted to DOLE. This means that the Employer could not provide new and pertinent rebuttal information, as is common in most administrative legal processes. Strictly speaking, if a Motion involves a new analysis of an existing body of documents and data, it is a Motion to Reconsider the existing record, while a Motion that involves the presentation of new, previously unsubmitted evidence, would be a Motion...

Full post as published by Joel Stewart's Blog on February 28, 2010 (boomark / email).