Withdrawing a PERM Petition

From FAQ’s 9:

How can an employer withdraw a PERM application if the employer has difficulty withdrawing electronically or the application was originally filed by mail?

In the event an employer is unable to withdraw electronically, the employer should send a withdrawal request by e-mail to the appropriate National Processing Center at: [email protected]. To ensure the request is processed expeditiously, please include the following information in the e-mail request:

o Show the words “Withdrawal Request” and the employer’s name in the subject line of the e-mail.
o In the body of the e-mail, include the following information:
o Application Number
o Employer’s Name
o Employer’s EIN
o Alien’s Name
o Name and title of individual requesting withdrawal

If the application was filed by mail or if the employer does not have access to e-mail, a letter must be mailed to the National Processing Center to which the application was originally submitted using the format as outlined above.

How can an employer withdraw a PERM application if it has already been certified?

An employer may withdraw a certified PERM application at any time.

A certified PERM application may not be withdrawn electronically; therefore, the employer should send a withdrawal request by U.S. Mail to the appropriate National Processing Center where the original certification was granted as follows:

Atlanta National Processing Center
ATTN: Certification Withdrawal
Harris Tower
233 Peachtree Street, Suite 410
Atlanta, Georgia 30303

The employer must enclose all pages of the original certified ETA Form 9089 issued by the National Processing Center and include the following information in the written withdrawal request:

 o Show the words “Withdrawal Request – Certified PERM Application” and the employer’s name in the subject line of the letter.

o In the body of the letter, include the following information:

o Application Number
o Employer’s Name
o Employer’s EIN
o Alien’s Name
o Name and title of individual requesting withdrawal

NOTE: While an application may be withdrawn at any time, if the employer has received an audit letter, it is still required to comply with the audit procedure provisions of 20 CFR § 656.20.

The employer must submit the documentation required by the Certifying Officer within 30 days from the date of the audit letter.

Once an employer requests its application be withdrawn, how soon can the employer file a new application for the same alien beneficiary?

After requesting a withdrawal, an employer may not file a new ETA Form 9089 for the same alien beneficiary until one of the following occurs:

(A) Employer sees, using the online PERM system, that the status of the original case changes from “In Process” to “Withdrawn,” or

(B) Employer receives confirmation (via standard U.S. Mail or e-mail) from the NPC that the ETA Form 9089 currently in process has been withdrawn.

The employer is reminded that an employer may not file a new application merely because the online status changed to “Denied.”

The employer must wait until it receives the Final Determination Form from the National Processing Center stating the reasons for the denial.

This ensures the employer is apprised of all the application’s deficiencies.