A company’s request for permanent labor certification was denied because the company didn’t respond on time to an audit request. The U.S. Department of Labor’s appeals board agreed that the certifying officer made the right decision. Since the company missed the deadline for their audit response, they cannot hire a foreign full-time engineer.

The three-judge panel noted that the company submitted new information along with their audit response, which is not allowed. The rules for permanent labor certification state that new evidence cannot be considered after the initial submission. Even if they could consider new information, it still wouldn’t have met the requirements.

It’s very important for companies to file their responses on time and to keep proof of the submission date. The Immigration and Nationality Act makes it clear that it’s the employer’s job to follow the timelines and provide the necessary proof. Working with an experienced immigration law firm can help ensure these important tasks are done correctly.

If you have questions about labor certification or any other U.S. immigration-related issue, please contact us. Our team of experienced attorneys works directly with our clients every step of the way to ensure they get the right guidance to support their company’s goals.