2 PERM Cases pending at the same time – 12/23/16

Where there are two similarly filed cases pending adjudication, OFLC will notify an employer electronically of the issue and provide the employer with the opportunity to identify which case it wants to pursue.

Please note, however, that when one case is with BALCA, OFLC views the regulation as requiring denial of the newly filed case at OFLC.

The employer will not be given an opportunity to choose; instead, a denial must be issued. If the case was withdrawn at BALCA before the new case was filed, OFLC sometimes does not receive notice of the withdrawal.

If that occurs, OFLC will consider reopening the denied case following a request for reconsideration.

Where practitioners are withdrawing a case from BALCA, and a similar case is going to be filed at OFLC, OFLC recommends copying [email protected] on the BALCA withdrawal.