Facing a denial of your PERM or I-140 petition can feel overwhelming, especially after investing so much time and effort into your green card journey. However, a denial is not the end of the road. There are clear steps you can take to challenge the decision or start again, each with its own rules, timeframes, and possible outcomes. This guide will walk you through the entire process, from understanding why denials happen to choosing the best next step, so you know what to expect and how to move forward confidently.
Understanding why your PERM or I-140 was denied is the first step. Common reasons include missing documents, mistakes in the application, or not meeting certain job or education requirements. Sometimes, government officers make errors or overlook important evidence. Knowing the exact reason for your denial will help you decide whether to appeal, file a Motion to Reconsider, or refile your application.
Let’s break down the process for each stage, what actions you need to take, and what you can expect from the authorities.
PERM Denial: Step-by-Step Actions and What to Expect
- Motion to Reconsider (PERM)
If your PERM application is denied, your first option is to file a Motion to Reconsider with the Department of Labor (DOL) Certifying Officer who issued the denial. This motion argues that the denial was based on a mistake—either a factual error (like missing or misunderstood evidence) or a legal error (such as not following the correct rules).
- Deadline: You must file the Motion to Reconsider within 30 calendar days of the denial date.
- What you need to do: Work with your employer to prepare a detailed explanation of why the decision was wrong. Include any new evidence or point out errors made by the officer.
- What to expect: The DOL will review your motion. This process is usually faster than a formal appeal, and if the officer agrees, your denial may be overturned without further steps.
- Tip: This option is best if you believe the denial was due to a clear mistake or missing information that you can now provide.
- Request for Review (Appeal to BALCA)
If the Motion to Reconsider is denied or you choose not to file it, your next option is to file a Request for Review with the Board of Alien Labor Certification Appeals (BALCA). This is a formal appeal process.
- Deadline: The appeal must be filed within 30 days of the denial.
- What you need to do: Your employer submits the request, explaining why the denial was incorrect based on the existing record. No new evidence can be added at this stage.
- What to expect: BALCA reviews the case as it was originally presented. The process can take several months to over a year, depending on their workload.
- Tip: Because this process is slow and does not allow new evidence, it’s often better for straightforward cases or when you have strong legal arguments.
- Refiling the PERM Application
If the denial was due to issues that can be easily fixed—like missing documents or small mistakes—refiling may be your best option.
- No limit: You can refile a PERM application as many times as needed.
- What you need to do: Correct the problems that led to the denial and submit a new application.
- Processing time: As of mid-2025, the average processing time for a new PERM application is about 500 days (over 1.3 years).
- What to expect: There is no premium processing for PERM, so you’ll need to wait for the regular timeline.
- Tip: Refiling is often the fastest way forward if the denial reasons are simple to address.
Current PERM Processing Times and Context
The Department of Labor is experiencing significant backlogs, with average PERM processing times around 500 days. This is due to high application volumes, frequent audits, and limited staff. Unfortunately, there is no premium processing option for PERM, so all applicants must wait for standard processing.
I-140 Denial: Step-by-Step Actions and What to Expect
- Refiling the I-140 Petition
If your I-140 petition is denied, you can refile as many times as needed. There are no legal limits on how often you can submit a new I-140.
- What you need to do: Address the reasons for denial—such as missing evidence or unclear job requirements—and submit a new I-140 petition.
- Processing time: Regular processing takes about 6-9 months, but you can choose premium processing for a faster decision (about 21 days).
- What to expect: If the denial was due to something you can fix, refiling is often the simplest and quickest solution.
- Filing an Appeal (Form I-290B)
If you believe the denial was a mistake or you have strong legal grounds, you can file an appeal using Form I-290B, Notice of Appeal or Motion.
- Deadline: File within 30 calendar days of the denial notice.
- What you need to do: Complete Form I-290B and submit it with the required fee ($675 as of 2025). Clearly explain why the denial was wrong and include any new evidence.
- What to expect: The appeal is first reviewed by the same USCIS field office that denied your petition (Initial Field Review). If they do not reverse the denial, the case goes to the Administrative Appeals Office (AAO) for a full review.
- Processing time: The AAO aims to decide within 180 days (about 6 months), but it can take longer.
- Tip: Appeals are best for cases with strong legal arguments or when you have new evidence that was not considered before.
- Motion to Reconsider or Motion to Reopen
Instead of a full appeal, you can file a Motion to Reconsider (if you believe there was a legal or factual error) or a Motion to Reopen (if you have new evidence).
- How to file: Use Form I-290B for both motions.
- Fee: The filing fee is $675.
- What to expect: The original USCIS officer reviews your motion. If denied again, it can be sent to the AAO.
- Tip: These motions are useful if you have new evidence or can clearly show that the officer made a mistake.
- Premium Processing for I-140
Premium processing is available for I-140 petitions and related motions or appeals.
- Processing time: About 21 days for a decision.
- What you need to do: File Form I-907 and pay the premium processing fee.
- What to expect: This speeds up the process, which is especially helpful if your visa is about to expire or your priority date is close to becoming current.
Practical Implications and Expert Recommendations
- Act quickly: You must file appeals or motions within 30 days of the denial to keep your rights.
- Be thorough: Clearly explain why the decision was wrong and include all necessary evidence.
- Expect delays: Both PERM and I-140 appeals can take a long time—often over a year for PERM and at least 6 months for I-140.
- Choose wisely: If your case is weak or the denial is easy to fix, refiling may be better than appealing.
- Keep your priority date: If your I-140 is eventually approved, you keep your original priority date, which is important for green card timing.
- Get legal help: Immigration law is complex. Working with an experienced attorney can improve your chances of success.
Summary Table of Options and Timelines
Here’s a quick reference to help you compare your options:
| Petition Type | Option | Deadline | Processing Time | Notes |
|---|---|---|---|---|
| PERM | Motion to Reconsider | 30 days from denial | Variable, faster than appeal | Argue error or overlooked evidence |
| PERM | Request for Review (BALCA) | 30 days from denial | Several months to over a year | No new evidence allowed |
| PERM | Refile PERM | No limit | ~500 days average | Often practical if denial reasons are fixable |
| I-140 | Refile I-140 | No limit | 6-9 months regular, 21 days premium | Simple option if denial due to missing docs |
| I-140 | Appeal (Form I-290B) | 30 days from denial | ~6 months or more | Initial field review + AAO de novo review |
| I-140 | Motion to Reconsider/Reopen | 30 days from denial | Similar to appeal | Filed with Form I-290B, $675 fee |
Official Resources and Where to Get Help
- For PERM information and updates, visit the Department of Labor’s official PERM page.
- For I-140 appeals and motions, use USCIS Form I-290B.
- For premium processing, see USCIS Form I-907.
- For BALCA appeals, check the Board of Alien Labor Certification Appeals.
- For up-to-date processing times, visit the USCIS Processing Times page.
Recent Developments and What’s Ahead
As of 2025, PERM processing times remain long due to high demand and frequent audits. There is no premium processing for PERM, so all applicants must wait for regular processing. For I-140 petitions, premium processing is still available and can be a valuable tool for speeding up decisions, especially if you are close to a visa deadline or worried about priority date changes.
| Country/Type | Visa Category | Processing Time |
|---|---|---|
| USA | PERM Refiling | 500 days |
| USA | I-140 Regular Processing | 6-9 months |
| USA | I-140 Premium Processing | 21 days |
| USA | BALCA Appeal | Several months to over a year |
| USA | AAO Appeal | 180 days (about 6 months) |
USCIS and the Department of Labor are working to reduce backlogs, but no major policy changes affecting appeal rights have been announced. Experts stress the importance of filing appeals and motions on time and making sure your case is well-documented to avoid having to start over.
Practical Tips and Case Examples
- Example 1: If your PERM was denied because the job advertisement missed a required detail, you can refile with the correct ad. This is often faster than appealing.
- Example 2: If your I-140 was denied because of a missing degree evaluation, you can gather the correct documents and refile, or file a Motion to Reopen with the new evidence.
- Example 3: If you believe the officer misunderstood your job duties, a Motion to Reconsider can point out the error and ask for a new decision.
According to analysis by VisaVerge.com, most applicants who act quickly and provide strong evidence have a good chance of success, whether they choose to appeal, file a motion, or refile. The key is to understand your options, meet all deadlines, and make sure your application is complete and accurate.
Actionable Takeaways
- Review your denial notice carefully to understand the reason for denial.
- Decide quickly whether to appeal, file a motion, or refile—remember the 30-day deadline.
- Gather all necessary documents and evidence before submitting your next application or appeal.
- Consider premium processing for I-140 if you need a faster decision.
- Consult a qualified immigration attorney to help you choose the best path and prepare your case.
By following these steps and staying informed, you can keep your green card journey on track, even after a setback. For more details and the latest updates, check the official Department of Labor PERM information page. Remember, a denial is just one step in the process—many applicants succeed after taking the right next action.
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